By John Ensor •
Published: 09 Dec 2023 • 18:26
Stock image showing bottles of beer.
A recent legal decision involving a bar owner and a well-known beer company has resulted in a huge compensation payout.
On August 5, 2015, a rare and unfortunate incident occurred in Vilafranca del Penedes, Barcelona. The owner of a local bar suffered a life-altering injury when a Voll Damm beer bottle exploded, leading to the loss of his eye, writes Telecinco.
The bottle, part of a newly delivered batch, was still in its plastic crate when it burst. A shard of glass struck the bar owner’s eye. The resulting damage was so severe that the complete eyeball had to be surgically removed.
Subsequently, the victim filed a lawsuit against Damm, the beer company, and Aig Europe Limited, the insurer. He sought €152,877 as compensation for the damages he suffered.
Initially, the Barcelona Court of First Instance No. 20 dismissed the claim. The court cited uncertainties about the explosion’s cause and lack of evidence of negligence on Damm’s part who explained the quality control that the bottles pass through without any problem or defect.
However, on appeal, the Barcelona Court reversed the decision. They ordered Damm and the insurer to pay €127,927 in compensation. They reasoned that the damages were due to the bottle’s lack of expected safety, deeming it a defective product.
The court highlighted that both state and community regulations mandate compensation for injuries caused by defective products.
These apply irrespective of whether the injured party is a consumer, professional, worker, businessman, or an unrelated third party. The court deemed the compensation amount ‘correct’.
This ruling underscores the responsibilities of producers for their products’ safety. It also highlights the legal protection afforded to individuals against injuries from defective products.
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Originally from Doncaster, Yorkshire, John now lives in Galicia, Northern Spain with his wife Nina.
He is passionate about news, music, cycling and animals.
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