On the dining table, the beer bottle exploded suddenly without being opened, causing the consumer to be disabled in the left eye. Who would bear the responsibility?
On the evening of May 6, 2007, a legal representative of a private enterprise in Fuqing City took part in the party dinner of his company. During this time, one of the beer bottles exploded when Ou Mou, who had dinner with Fang at the same table, picked up two bottles of beer. Caused Fangmou's left eye to be wounded.
After diagnosis by the hospital, Fang was involved in a scleral penetrating wound in the left eye corner. After treatment, Fang Fang’s injured left eye showed no light perception. After being identified, the degree of disability was Grade 7 disability. In February 2008, Fang Fang filed a lawsuit with the court and demanded beer sellers and manufacturers to bear liability for compensation.
The Intermediate People's Court of Fuzhou City, Fujian Province, recently made a final judgment on this case of product quality disputes and maintained the first-instance judgment of the Fuqing City Court: Manufacturers cannot bear the burden of proof on the quality of their products. The total amount of consumer compensation for all losses was 168,000 yuan, and the seller assumed joint and several liability.
In court, the breweries provided evidence that the quality of their beer bottles complied with the relevant national standards and proposed that their beer bottles were purchased from beer bottle suppliers. All the consequences of the damage caused by beer bottle quality problems should be determined by beer. Bottle suppliers bear legal responsibility.
The court held that, according to the Consumer Protection Law and Product Quality Law of the People's Republic of China, “the consumer has the right to personal and property safety without damage when purchasing, using, and receiving services†and “the producer is responsible for the quality of the products he produces.†.
The court pointed out that, in accordance with the provisions of the product quality law, if a product is damaged due to a defective product, the producer of the product shall bear the burden of proof in respect of the reasons for the excuse prescribed by law, that is, if the producer can prove that there is one of the following circumstances, he shall not be liable for compensation: The product is put into circulation; when the product is put into circulation, the defect that causes damage does not exist yet; the scientific and technological level when the product is put into circulation cannot find the existence of the defect. In this case, as a producer, the beer company failed to bear the burden of proof for the above-mentioned exemption and should bear the liability for compensation.
The final judgment of the court: The beer company should compensate the party with a total of 168,000 yuan in compensation for material damages and mental damages, and the seller shall bear the joint liability for compensation.
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