Meaning of civil product liability

In the previous post I talked about a case of civil product liability and maybe it was not very well explained so here you have a little explication about civil product liability:

The word liability means responsibility for the damage presumed by the applicant and the damages suffered. A person found liable in a civil action, upon a verdict in favor of the applicant, must pay whatever damages to the applicant. 

The civil liability of manufacturers, suppliers and other players is the personal injury or damage to a property caused by a defective product. Product liability law can be split into 3 regimes: contractual liability; common law tort of negligence (fault-based liability); and statutory strict liability.

Under the law, a person who suffered injury caused by an unsafe product can only sue under contract or negligence. If there is no contractual relationship between the two parties, the injured person is denied a contractual claim.

Civil liability of products

In the present case, the Court of Barcelona condemning the Damm brewery to pay a compensation as a result of death to a person who swallowed a bottle of beer that contained traces of a toxic agent used on washing the returnable containers.

 August 1, 1998 when the victim, his brother and coworkers went to take lunch the victim ordered a beer. The waiter opened the bottle in front of him and when he drinks a couple of swallows he realized that it had a bitter and bad taste. He gave to his brother to try it and he also realized that the beer to see was in bad conditions so they told the waiter please to change it and he returned the package to Damm. Hours later the man began throwing up and with diarrhea. These symptoms worsened until the 8th of the same month died of acute stomach flu.

The court concluded that the man died because of the content of the beer bottle since his brother who only took a slight sip also suffered diarrhea and vomiting for three days, while other diners did not have any kind and poisoning.

After all this happened, The Court of Barcelona sentenced Damm to pay 240,000 euros in compensation to the families of the deceased.

On the contrary, Damm alleges that the conviction was unfounded because it was not clear what caused the man's death or the kind of poisoning he suffered. That argument was invalid to them because the judge said that there were sufficient evidence to say that beer had poisoned him.

For more details about the case here you have the link where appears whole case very well explained: http://www.upf.edu/dretcivil/_pdf/mat_fernando/T82008.pdf

Hi everyone and welcome to my blog!

I have created this blog for my civil law subject and I would like to introduce myself.

Firstly, my name is Leire and I am in the degree of Labour Relations and human resources. I have decided to study this degree because nowadays it is very important to know the rights of  workers. Although this is not widely known degree I think that is very attractive and interesting.

Secondly, regarding to my hobbies, I love music, languages and traveling. Until two years ago I played the clarinet and and I went to music lessons for eight years but I had to leave because I did not have time.

Apart from music I like traveling and languages so this last two years I have been from a month in the USA in a host family. There I learn a lot and meet people of different countries.

Hope you like my blog!