I brought a 1989 Haut-Brion to a BYOB steakhouse. I handed it to the sommelier to decant. As he turned, his elbow hit a tray, and my bottle smashed onto the hardwood floor. The restaurant manager apologized profusely and offered me… a free dessert. He said, “We aren’t liable for personal items you bring in.”
Key Takeaways
- Restaurant Liability is Limited: Restaurants are liable for negligence, but their policy pays “Actual Cash Value” (depreciated), not collector value. They will fight you.
- Your Policy follows You: If you have a “Worldwide Coverage” endorsement (common on floaters), your insurance pays you, then they sue the restaurant (Subrogation).
- Bailment Laws: Legally, when you hand the wine to the server, a “Bailment” is created. They have a duty of care. But enforcing this costs more in legal fees than the bottle is worth.
- The “Release of Liability”: Some restaurants make you sign a waiver for high-end corkage. Read the menu fine print.
The “Why” (The Trap)
The trap is “Care, Custody, and Control.” The restaurant’s General Liability insurance covers slips and falls. It might have a “Property of Others” sub-limit, but it’s often low ($1,000).
Your trap is relying on the restaurant to do the right thing. In 2026, corporate restaurant groups have strict “deny everything” protocols.
The Investigation (I Called Them)
I asked my insurance carrier and a restaurant manager friend.
The Restaurant’s View
- Reality: “If we break it, we usually comp the meal. We rarely pay $3,000 for a bottle unless you sue us.”
My Carrier (AIG)
- Reality: “If the bottle is Scheduled, we cover breakage worldwide. We will cut you the check. We might send a demand letter to the restaurant, but that’s our problem, not yours.”
Comparison Table
| Scenario | Who Pays? | Action Needed |
| Waiter drops it | Your Insurance (fastest) or Restaurant (slow fight) | Incident Report |
| You drop it | Your Insurance (Scheduled only) | None |
| Cork breaks (inside bottle) | No One (Inherent Vice) | Strain and drink it |
Step-by-Step Action Plan
- Get an Incident Report: Demand the manager write down exactly what happened. “Employee X dropped bottle Y.” Snap a photo of this report.
- Take a Photo of the Broken Bottle: Do not let them sweep it up immediately. You need a photo of the label amidst the glass.
- [IMAGE: Photo of a shattered wine bottle on a restaurant floor, label visible]
- Keep the Bill: The receipt proves you were there and paid corkage (which establishes the business transaction/bailment).
- File with Your Insurer: It is faster. Let them subrogate. Don’t ruin your night arguing with a manager who can’t authorize a $3k payout anyway.
FAQ
Does the corkage fee include insurance?
No. The corkage fee pays for the service (glasses, decanting), not liability.
What if another customer bumps the waiter?
Then that customer is liable. Good luck getting their info. Rely on your own policy.