Suit Filed Against Pepsi for California Products Liability

A products liability injury lawsuit has been filed by the California personal injury lawyers of BISNAR | CHASE against Pepsico, Inc., The Pepsi Bottling Group, Inc., Metal Container Corporation and New Albertson's, Inc.

On July 9, 2008 Lynda Ryan sustained serious and possibly permanent injuries to her left eye while opening a defective can of Diet Pepsi. She had purchased a 12-pack of the beverages a few days prior, and was storing the cans in an ice chest in her vehicle. Though she had consumed most of the other cans without any incident, the can she opened on July 9 exploded.

"We're alleging that Pepsico, Inc., The Pepsi Bottling Group, Inc., Metal Container Corporation and New Albertson's, Inc. knew or should have known there were inherent vices and defects in the design and manufacturing of Pepsi's containers," explained Brian Chase, California personal injury lawyer and partner at BISNAR | CHASE. "We allege that, in order to save money, the defendants used thinner and thinner thicknesses of the metal used to make the cans and top until it reached the point that the metal would unexpectedly break under normal pressure and usage by consumers, thereby putting profits over the safety of its customers."

When Ms. Ryan opened the can of Diet Pepsi, she did so with the typical movement of the metal lever in a downward motion and without shaking the can, which would stimulate the carbonation to fizz. Regardless of the normalcy of her action, the metal lever flew off the can and directly into her eye. Chase alleges that the defendants have breached their duty to provide safe products to consumers, because this can of soda has proven dangerous to Ms. Ryan.

Ms. Ryan sustained catastrophic injuries to her left eye, including globe rupture, extensive corneal laceration, lens destruction, corectopia traumatic cataract, uveal prolapse, vitreous prolapse and corneoscleral rupture. As of now, she is essentially 100 percent blind in her left eye, though it is not known if her loss of sight will be permanent in whole or in part.

The action will work on behalf of Ms. Ryan, to collect economic damages including loss of income, damages for personal pain, mental anguish and disfigurement, and ongoing medical cost compensation, as she is still seeking regular medical attention.

The lawsuit is pending in the Superior Court of California, County of Los Angeles. For more information please see California Personal Injury Lawyers File Products Liability Injury Action Against Pepsi. Be sure to stay current with BISNAR | CHASE press releases .

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