Tempo to Pay $680,000 After Pepsi Max Bottle Explodes, Injuring Bartender
Translated & summarized from Bizportal by baba
Tempo Beverages was ordered to pay NIS 2.5 million to a bartender whose eye was severely injured when a Pepsi Max bottle exploded in October 2018. Judge Idit Kacaby ruled Tempo liable under the Defective Products Liability Law, rejecting claims against the bottle manufacturer and the restaurant. The bartender sustained significant medical and psychiatric disabilities, leading to compensation for lost earnings, pain, and suffering. Tempo must also reimburse the National Insurance Institute and pay legal costs.
The story in 5 lines · by baba
- Tempo Beverages must pay NIS 2.5 million after a Pepsi Max bottle explosion injured a bartender's eye.
- Judge Idit Kacaby ruled Tempo liable, rejecting claims against the bottle manufacturer, Phoenicia.
- The incident occurred in October 2018 at a Tel Aviv restaurant when a bottle exploded as the bartender lifted a case.
- The bartender suffered a 30% medical disability and a 20% psychiatric disability.
- Tempo also faces NIS 600,000 in legal costs awarded to the injured bartender.
Tempo Beverages will pay NIS 2.5 million (approximately $680,000) following the explosion of a "Pepsi Max" bottle manufactured by the company, which severely injured a bartender's eye. Tel Aviv District Court Judge Idit Kacaby ruled that Tempo must pay NIS 1.6 million to the bartender and NIS 900,000 as reimbursement to the National Insurance Institute, which compensated him for the work accident.
Kacaby rejected Tempo's claim that Phoenicia, the company that manufactured the bottle, should bear responsibility. The incident occurred in October 2018 at the "Taqueria" restaurant in Tel Aviv. The bartender, born in 1990, was lifting a case of "Pepsi Max" bottles when one exploded, and its fragments struck his eye. He has undergone multiple surgeries and treatments and remains under medical observation.
The bartender sustained a 30% medical disability due to the vision impairment and a 20% psychiatric disability from the psychological impact of the event. Tempo had argued that the bartender was partly responsible for throwing the bottles onto a shelf, or alternatively, that Phoenicia was liable. They also claimed the restaurant was responsible due to improper storage conditions.
Kacaby determined that Tempo was liable under the Defective Products Liability Law, not the Torts Ordinance. She found the bartender's testimony consistent and credible, supported by security footage showing he merely lifted the case, not threw it. The judge described Tempo's version of events, regarding both the bartender's actions and storage conditions, as speculative and factually baseless. Tempo was held responsible because it produced the beverage that caused the injury.
Kacaby also dismissed the bartender's claim against the restaurant, as no negligence was proven. Regarding the compensation amount, the judge calculated the bartender's combined medical and functional disability at 45%, rejecting his request for 60% functional disability. The total compensation includes NIS 630,000 for past lost earnings, NIS 1.6 million for future lost earnings, NIS 150,000 for pain and suffering, NIS 45,000 for medical expenses, and NIS 40,000 for assistance from others. Tempo was also ordered to pay NIS 600,000 in legal costs to the bartender and NIS 25,000 to Phoenicia. The plaintiff was ordered to pay NIS 25,000 in costs to the restaurant and its insurer.