Tort Law

Brien Roche

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Product Liability-Exploding Bottles. For more information on products liability see the pages on Wikipedia. 

Product Liability-Exploding Bottles

1979 Featherall v. Firestone Tire & Rubber Co., 219 Va. 949, 252 S.E.2d 354.

Plaintiff injured when cleaning soft drink dispensing unit by means of pressurized system; it exploded, dislodging lid on syrup tank which struck plaintiff. Jury issue presented.

1974 Owens v. Redd, 215 Va. 13, 205 S.E.2d 669.

Cola bottle fell on floor, exploded, and injured plaintiff. Based on depositions, court entered summary judgment for defendant. Error: material facts still in dispute; plaintiff under no duty to fully develop her allegations of negligence at time discovery depositions taken.

1966 Pepsi-Cola Bottling Co. v. Yeatts, 207 Va. 534, 151 S.E.2d 400.

Bottle exploded in supermarket injuring plaintiff. Not known if explosion caused by bottle falling off shelf or whether fall was caused by explosion. Final judgment for defendant. Plaintiff failed to prove injury caused by defendant’s negligence rather than by one of several causes for which defendant was not responsible. Res ipsa loquitur not applicable.

1943 Seven-Up Bottling Co. v. Gretes, 182 Va. 138, 27 S.E.2d 925.

Bottle exploded. Res ipsa loquitur not applicable. No negligence shown as to defendant.