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Exploding bottle case

Bartender loses eye, wins NIS 3.11m ruling

Tel Aviv District Court orders Tempo Beverages to pay after Pepsi Max bottle burst while employee was stocking a restaurant fridge, leaving him permanently blind in one eye. Judge: A defective product, absolutely.

Illustration: meat restaurant

The Tel Aviv District Court has ordered Tempo Beverages to pay approximately NIS 3.11 million to a bartender who lost sight in his left eye after a Pepsi Max bottle exploded in his hands while he was working at a restaurant. Judge Idit Katzvi ruled the product was "absolutely defective" and rejected the company's claim that the employee caused the accident.

The incident occurred as the worker was restocking refrigerators at the restaurant, lifting a crate of soft drinks from the floor. One bottle suddenly burst, sending a glass shard into his left eye. He underwent complex surgeries, but despite medical efforts remained completely blind in the eye.

Tempo argued during proceedings that the crate had been slammed against a counter, causing the bottle to explode. Judge Katzvi dismissed the claim outright. Based on security camera footage from the restaurant, she determined the employee had acted with reasonable care and lifted the crate normally from the floor.

"A bottle that explodes during reasonable use is a completely defective product," the judge wrote in her ruling. She added there was no justification for a glass bottle to burst during ordinary lifting of a beverage crate, and that this constituted a clear manufacturing defect.

The lawsuit named three defendants: Tempo Beverages, the restaurant where the bartender worked, and the glass manufacturer. The court dismissed claims against the restaurant and the glass maker, placing full liability on Tempo as the beverage producer.

Beyond the physical injury, the employee suffered severe psychological harm. The ruling noted he experienced significant trauma, and the incident affected his ability to function in daily life and his overall quality of life.

The decision joins a series of cases in which courts have imposed product liability on manufacturers. In recent years several incidents involving beverage bottles have been recorded, and courts have tended to rule strictly against companies whose products cause serious injuries.

Tempo Beverages had not responded to the ruling by the time of publication. It is unclear whether the company will appeal the decision to the Supreme Court.

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