The Supreme Court has confirmed the sentence to the Damm company, which must pay 127,927 euros to the owner of a bar lost an eye as a result of the explosion of a defective beer bottle.
The events occurred in 2015 in Vilafranca del Penedès (Barcelona) when one of the bottles of Voll Damm that had just been supplied to him and that was still inside the plastic boxexploded and one of the crystals hit his eyewhich caused him to completely lose his eyeball, which had to be removed.
As a result, he filed a lawsuit against the company Damm and the insurer Aig Europe Limited in which he requested 152,877 euros in compensation for the damages suffered. The Court of First Instance number 20 of Barcelona rejected the claim understanding that “there are doubts about how the explosion occurred” and because the victim “has not proven any reckless action by Damm”, which explained the quality control that the bottles pass without any problem or defect being detected.
Later, the Barcelona hearing It upheld the appeal and ordered the company and insurer to compensate it with 127,927 euros, considering that the damages were due to the fact that the bottle did not offer the security that was expected and that since it was a defective product, the producer must respond.
The matter ended up in the Supreme Court, which gives the reason to the owner of the bar by highlighting that state and community regulations “cover compensation for damages derived from death and bodily injuries caused by defective products insofar as they are unsafe, regardless of whether the injured party is a consumer, a professional, a worker, a businessman or a third party unrelated to consumption”, so it is considered “correct” compensation.