According to Florida law, in order for an injured purchaser to recover from injuries resulting from an exploded bottle, where product was purchased from a retailer, there must be proof that bottle was not handled improperly from the time it left the possession of the bottler up to the time of its explosion:
Even if we consider the requests for admissions and interrogatories and answers thereto to have been a part of the evidence, the record is nevertheless devoid of any proof as to what happened to the bottle of Coca-Cola from the time of its delivery to Winn-Dixie to the time of its purchase by the plaintiff. As is recited in the cases from whence we have above quoted, there must be proof, in order for an injured purchaser to recover from the bottler in cases where the product was purchased from an intermediate retailer, that the product ‘was not handled improperly from the time it left the possession of the bottler up to the time of the explosion.’ Assuming, again, that the evidence were as contended by appellee, the proof below was only that the bottle was sold by appellant to Winn-Dixie and that it was not mishandled *83 by the plaintiff after purchase. There is not a scintilla of even a suggestion as to what happened to the bottle while it was in the possession of the retailer.
See: Coca-Cola Bottling Company v. Clark, 299 So. 2d 78
Related:
- Does A Retailer Have A Duty To Inspect For Product Defects?
- Examples of Product Liability Cases – Bottles and Containers
- Product Liability Attorney
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