The Supreme Court has confirmed the sentence against the Damm company, which must pay 127,927 euros to the owner of a bar in Vilafranca del Penedès (Barcelona) who lost an eye as a result of the explosion of a defective beer bottle.
The events occurred on August 5, 2015 when one of the bottles that had just been supplied to him and that was still inside the plastic box, exploded and one of the crystals hit his eye, causing him to completely lose his eye. 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 undergo. without any problem or defect being detected.
Later, the Barcelona Court upheld the appeal and sentenced the company and insurer to compensate him 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, being a defective product, it must respond the producer.
The matter ended in the Supreme Court, which agreed with the bar owner 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", for which reason the compensation is considered "correct".