Beer Recalled Over Chipped Glass

The California-based maker of Sierra Nevada beer recently issued a voluntary recall for a certain number of its products manufactured in its North Carolina brewery over concerns that a small part of the glass bottle may chip, creating a danger to customers. The recall affects its Pale Ale, Beer Camp Golden IPA, Sidecar Orange Pale Ale, Torpedo Extra IPA, Tropical Torpedo, Nooner, Hop Hunter, and Otra Vez products sold in 36 states, including Texas and South Dakota. According to the company, there is about a one in 10,000 chance that any particular bottle affected by the recall would chip, creating a sharp surface that might injure the user. The company has not yet received any reports of individuals who have been injured by the defect.

Liability of Companies for Product Defectsbeer-428121_1920

A company or business that manufactures a product and then distributes that product to consumers must take reasonable steps to prevent any dangerous defects from entering into the product’s design or manufacturing. Design defects exist when a product produced in accordance with the plans or specifications of the product carries with it an unreasonably-high risk of injury or harm. A manufacturing defect is one where a product is produced at variance with the product’s design or specifications. The defect in some Sierra Nevada beer bottles that prompted the recall is an example of a manufacturing defect.

Recovering Compensation for a Manufacturing Defect

Supposing that someone was in fact injured by a defective glass bottle, the injured victim may be able to recover compensation for those injuries, losses, and expenses connected to the defect. In order to do so, the injured individual must generally show:

  • A manufacturing defect did exist (a showing which might require the use of expert testimony if the company does not admit the existence of a defect);
  • The defect came about because the manufacturer failed to exercise reasonable care during the manufacturing process;
  • The defect was of such a nature that a consumer would not have been able to detect or observe the defect, nor would the average consumer have expected such a danger; and
  • The person’s injuries were in fact caused by the defect.

Establishing each of these factual propositions may be established through a combination of evidence, documents, photographs, reports, analyses, and testimony from lay and/or expert witnesses.

How a Knowledgeable and Skilled North Dakota Personal Injury Lawyer Can Assist Your Personal Injury Lawsuit

You only have one opportunity to obtain compensation in your personal injury lawsuits, so obtain the assistance of the skilled and dedicated Fargo personal injury lawyers Tim O’Keeffe or Tatum O’Brien of O’Keeffe O’Brien Lyson Attorneys. Attorneys Tim O’Keeffe and Tatum O’Brien thoroughly investigate their personal injury clients’ cases, ensuring the evidence and testimony present in each case is used to its maximum impact to assist the clients’ cases. Contact the firm using the firm’s online form to discuss your case with us today, or call 701-235-8000 or 877-235-8002 today.

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