A California woman has filed a product liability lawsuit against Pepsico, Inc., Pepsi Bottling Group, Inc., Metal Container Corporation, and New Albertson’s Inc. after sustaining multiple injuries, including one to her left eye that has caused her to go nearly blind.
Lynda Ryan claims she purchased a 12-pack of Diet Pepsi from an Albertson’s in Blyth. She claims that a can exploded as she was trying to open it, causing the tab on top of the can to fly off and hit her in the eye. Because the tap was traveling at such a high speed, Ryan suffered catastrophic damage to her eye that has resulted in nearly 100% vision loss.
According to the lawsuit, Ryan did not excessively shake or do anything abnormal to the can prior to opening it, although it had been in an ice chest in her car for several days. However, Ryan did not think it would be a problem since she already consumed more than half the pack, which had been in her car ever since she bought it.
Ryan claims that before she could even finishing removing the tab, the can exploded, causing the top to detach and fly into her eye.
Ryan’s attorney argued that the defendants should have known the can was inherently defective in both the design and manufacturing of the container. Her attorney also argued that the companies knowingly used cheaper, thinner materials that could unexpectedly break under normal usage by a customer. Ryan’s attorney is alleging the company did this in an effort to save money, which essentially has them putting profits over consumer safety.
Ryan is seeking economic damages for ongoing medical expenses, loss of income, and damages for permanent pain, suffering, disfigurement, and mental anguish.
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