Seeking compensation for exploding beer bottle

[Kingy]

http://www.9news.com.au/national/2015/12/30/20/20/queensland-florist-unable-to-work-after-commercial-beer-bottle-exploded-in-her-hand

 

[Diesel80]

Not a good thing to happen, the company that brewed the batch could be in some strife indeed. Very dangerous scenario.

<Edit 2:> watched the video. Seems to have cleared up the story for me.

 

[Ducatiboy stu]

"My whole artery was severed, several tendons and I think two nerves - well two-and-a-half, one was partially severed."

Ms Malane was in hospital for four days and underwent major surgery on her hand.

She was also unable to work for 10 months, the financial strain forcing her and partner, Chris, to move in with his parents.


Yep

 

[malt and barley blues]

I would say the brewer would have a public liability insurance who would be negotiating the claim with the legal team, I would doubt she will get a big payout unless there was a serious loss of movement in the use of her hand.

 

[Weizguy]

Looks like the ACA team is hinting that the beer was Cooper's Mild, judging by the labels on the beer depicted going into the bin.

I seriously thought that I would be able to count on AHB for more critical feedback than I find here.

One thing I notice from the story, was that they say the beer was on the bench, but the video shows it coming from the fridge to the bin.
I was thinking that she gave the last one a shake before throwing it in the bin. Surely there's a thought process that goes something like, 'hmmm I should be careful not to disturb these bottles as they're already highly volatile'. Or is that just my version of common sense? Wrap them in a towel, or chill them before binning?

And why put them in the bin one-by-one?
So many questions unanswered?

 

[madpierre06]

ACA recreation......ethics guaranteed.

Bottles exploding in kitchen? Yeah, I'll just wander over and pick up any that are left still standing. That makes sense.

 

[Grott]

Have they disposed of the evidence? The brewer could well say we would like test the bottle's content to ensure that it is ours, no content no proof? What about where they were purchased, any others "going off"? To be honest, watching the article I was somewhat suspicious however the injuries were certainly real and a huge reminder to all bottling home brewers.
Cheers

 

[wynnum1]

I would say the brewer would have a public liability insurance who would be negotiating the claim with the legal team, I would doubt she will get a big payout unless there was a serious loss of movement in the use of he

If it was commerial beer then how unlucky for one incident of exploding bottles and all the bottles were destroyed.

 

[madpierre06]

My first thought was that she was more than fortunate that there was only one injury. Nothing to abdomen or anywhere else. Funny that.

Plus, to me, if holding a stubbie, if it blows the majority of the bottle is going to go downwards, not upwards and cut her where it did. Legs and abdomen would have copped most of the brunt.

And if they've chosen to make a public issue of it so far down the track, tells me ######s may be finding similar holes in their story.

 

[wynnum1]

CUB Pty. Ltd. Trading as Carlton & United Breweries—Carlton Dry
PRA number: 2015/15077
Date published: 3rd December 2015


Product information

Product description
Carlton Dry

Identifying features
Best Before: 19 JUL 16 (3A) & 20 JUL 16 (3B)

What are the defects?
The beverage may contain glass fragments introduced during bottling.

What are the hazards?
Food products containing glass may cause illness/injury if consumed.

Where the product was sold

• Nationally

Traders who sold this product
Coles, Woolworths, liquor stores, Metcash/IGA, other independents & various liquor licensed premises (bars, pubs, clubs, restaurants and hotels)

Supplier
CUB Pty. Ltd. Trading as Carlton & United Breweries

What should consumers do?
Consumers should not consume this product and should return it to the place of purchase for a full cash refund.

For further information contact the Carlton and United Breweries Consumer Relations team on 1800 007 282.

Advertisements and supporting documentation

 

[Yob]

Martin/Andy ... You reading this?

 

[NewtownClown]

I seriously thought that I would be able to count on AHB for more critical feedback than I find here.

That is what Facebook is for...

 

[Weizguy]

Have they disposed of the evidence? The brewer could well say we would like test the bottle's content to ensure that it is ours, no content no proof? What about where they were purchased, any others "going off"? To be honest, watching the article I was somewhat suspicious however the injuries were certainly real and a huge reminder to all bottling home brewers.
Cheers

Seems the beer was provided by 'a friend', and there is always the possibility that the beer was not commercial, but an over-carbed homebrew in non-reusable bottles. Maybe that's why they used a homebrewer to provide 'expert witness' of the possibility of explosions?

Yeah, I pity the poor woman who was cut, but it seems to me that the ACA involvement at this late stage of the proceedings is to put pressure on the brewing company, and to minimise any issue of personal responsibility, rather than to warn people about the possibility of exploding bottles.

 

[Bridges]

If I were coopers I'd be pretty upset about being identified in this story if they were in no way responsible.

 

[lickapop]

Lol ACA. Because if you want to be taken seriously go see Tracey Grimshaw...

When the Australian government have a royal commission into beer, they will uncover the root cause was obviously the farmer of the grain.

Other factors that played a part in said beer explosion-

Delivery driver failed to lodge an incident report when he stopped suddenly on route to bottle shop causing a carton to shift in his truck thus causing microscopic fracturing of the beer bottle. Proper incident reporting and failure to examine every bottle in the delivery vehicle may have contributed to the explosion - Royal commission recommended course of action - Ban brakes in vehicles

The 6pack was stored on the kitchen bench too close to the stove whilst the stove was in use making beer- Royal commissions recommended course of action.- Ban kitchen benches

The Royal commission concludes the overall problem is beer, and recommends immediate prohibition...

 

[wide eyed and legless]

I initially thought the same as Les, a towel would have saved a lot of grief, and it would be common sense, but not a defense, and it is difficult to be critical without the facts, can't see it being a home brew, wouldn't have gone this far, treatment of the bottles, again no defense unless there was a warning to keep bottles refrigerated.

 

[Bribie G]

I'm surprised that ACA Is on her side.
Normal practice would be to follow her around for 6 months with hidden cameras until they caught her out using the hand. Then run a shock jock story on the lying bitch, preferably with cameras stuck through her car windows.

 

[Weizguy]

I initially thought the same as Les, a towel would have saved a lot of grief, and it would be common sense, but not a defense, and it is difficult to be critical without the facts, can't see it being a home brew, wouldn't have gone this far, treatment of the bottles, again no defense unless there was a warning to keep bottles refrigerated.

My thought was that the 'friend' is not a regular friend who would have identified the beer as homebrew and certainly would not have owned up to brewing said beer after the fact.

Perhaps the beer WAS identified as homebrew, but litigious money-grubbers decided to proceed, based on initial perceptions of commercial beer. Hardly ever happens, for MONEY!

 

[antiphile]

But all of you are missing the point. I don't care if it was a commercial beer or home brew, if her arm was cut or blown off at the shoulder. She had to move in with her mother-in-law for god's sake.I think she deserves all the sympathy we can muster!

 

[wynnum1]

I'm surprised that ACA Is on her side.
Normal practice would be to follow her around for 6 months with hidden cameras until they caught her out using the hand. Then run a shock jock story on the lying bitch, preferably with cameras stuck through her car windows.

Is ACA going to be prosected for putting bogus chrismas parcels left on front fences some cartons of beer would seem to break alcohol laws junk mail laws and workplace health and safetry laws or was it staged.