Fairly serious personal injury from brewing.

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Dom P

Dom P

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Hi all, after some advice.

This evening I was bottling my latest brew, using a bottle capper. On about the 20th bottle, the right arm snapped as I put pressure on to close the crown, and consequently my hand went straight into, and through, the bottle.

This cause significant and deep lacerations to two of my fingers, resulting in a lot of blood loss, a trip to hospital, and stitches. Unknown at this point whether there is tendon damage, but definitely scarring as it was deep (pictures are horrific!)

My question; how/should I approach the company in question? Not only is there a concern that this could happen to someone else, but this could have fairly significant impact on my life given that it's my dominant hand, and as you could imagine I'm very unhappy that the product has catastrophically failed after only 4 months and roughly 200 bottles?

Thoughts/advice gratefully received!
 
Dom P said:
Hi all, after some advice.

This evening I was bottling my latest brew, using a bottle capper. On about the 20th bottle, the right arm snapped as I put pressure on to close the crown, and consequently my hand went straight into, and through, the bottle.

This cause significant and deep lacerations to two of my fingers, resulting in a lot of blood loss, a trip to hospital, and stitches. Unknown at this point whether there is tendon damage, but definitely scarring as it was deep (pictures are horrific!)

My question; how/should I approach the company in question? Not only is there a concern that this could happen to someone else, but this could have fairly significant impact on my life given that it's my dominant hand, and as you could imagine I'm very unhappy that the product has catastrophically failed after only 4 months and roughly 200 bottles?

Thoughts/advice gratefully received!
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Dont post anymore about it and consult with a reputable attorney in your area. Seriously, no more posts.

This is not legal advice. Not an Attorney, so no client atty relationship is involved.
 
Whatever you do, keep all of the parts.

I've heard of two separate incidents (involving a mountain bike and new home construction) where the companies took the evidence and it disappeared and there was no way to prove that the products were defective.
 
Very sorry about your accident. I hope it heals well, with no further impact on your life.

I would reccomend you get in touch with an attorney who knows product liability law. When you are able to clear away the mess, save everything that might be wanted later.

I used a wing capper for years, and this exact scenario has been in the back of my mind with every bottle. I use a bench capper now, with a heavy leather glove on my 'bottle' hand.
 
I am very much not a lawsuit guy.
This sounds like a case in which they should at least cover your medical care. If you know a lawyer you can trust, speak to him. Keep all records, including your brewing notes. If you bought the capper online there is probably a record of that.
I hope your hand heals well, be attentive to therapy. I put a knife through a couple of fingers once, requiring surgery.
 
ancientmariner52 said:
I would reccomend you get in touch with an attorney who knows product liability law. When you are able to clear away the mess, save everything that might be wanted later.
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Best to consult with a personal injury attorney and get their opinion whether any claim can be made with regards to product/warranty/strict liability. A products liability attorney would probably be worthless with regards to discussing PI issues, so best to start with the obvious potential choses and get a professional opinion on the products issues . . . PI attorneys can determine and get referrals if necessary. Best route.
 
I'm not a lawsuit guy, either. However, in a case like this, you want to really get someone's attention. A letter from an attorney will do that much better than a personal communication. I don't believe in punitive damages unless someone has been negligent, but you HAVE been injured, and should be made whole, that is medical expenses and lost earnings.
 
ancientmariner52 said:
I'm not a lawsuit guy, either. However, in a case like this, you want to really get someone's attention. A letter from an attorney will do that much better than a personal communication. I don't believe in punitive damages unless someone has been negligent, but you HAVE been injured, and should be made whole, that is medical expenses and lost earnings.
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Punitive damages statutes generally require the tortfeasor to act with intent to harm or with recklessness in respect to the plaintiff.
 
ancientmariner52 said:
I think I understand this, but I'm not sure. That's why we have lawyers, I reckon. I'll shut up now.
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It has to be more than just negligence, they actually have to act with some sort of intent (that isnt criminal intent btw) or with recklessness.

Dont really want to apply this to the issue at hand, hopefully @Dom P doesnt post further about this and consults with a reputable attorney. They can usually make a referral if need be.
 
I'm an attorney, and have some experience in products liability, though it's been a few years, so I will just steer you in a general direction and not offer anything that should be construed as creating an attorney-client relationship.

Products liability and personal injury law are inextricably linked. This is because many products liability cases involve personal injury. The standard of proof for a plaintiiff (i.e., you) is generally one of ordinary negligence. Intent or recklessness by the defendant company is not required, though establishing that could enhance your damages. There are a number of elements of proof that must be met: duty of care by defendant, breach of that duty, causation of actual injury, etc. Under the doctrine of strict liability, liability can be shifted to the manufacturer if the product can be shown to be defective, even if the manufacturer was not negligent in its design or manufacture. This can get complicated.

Consult a qualified attorney who has a substantial practice in products liability on the plaintiff side.
 
Can you say a bit more about how this happened? I am trying to visualize this, but the only thing I can come up with is your hand crashing down onto the table that the bottle was on rather than onto the bottle itself Unless as you put pressure on the handle, the bottle broke, slipped down 90 degrees, and was on the table, broken as your hand came all the way down
 
Anyone with a wing capper with 100% plastic handles might want to toss them out and look for a bench capper or wing cappers with metal handles. A decent bench capper isn't really very expensive and after the above story, well worth it.
 
madscientist451 said:
Anyone with a wing capper with 100% plastic handles might want to toss them out and look for a bench capper or wing cappers with metal handles. A decent bench capper isn't really very expensive and after the above story, well worth it.
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So plastic handled wing cappers are all dangerous now? It's like a BB gun. For all the millions in existence, how many kids actually shot their eye out? Or glass carboys...

Sometimes bad things happen.
 
imasickboy said:
So plastic handled wing cappers are all dangerous now? It's like a BB gun. For all the millions in existence, how many kids actually shot their eye out? Or glass carboys...

Sometimes bad things happen.
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Ok maybe they aren't all dangerous, but after what happened to the OP, It wouldn't hurt to inspect your wing capper if you have one, and if it looks on the flimsy side, get another one.
Seems like a lot of stuff these days is made to sell at a low price so I'm not surprised when things don't last.
 
imasickboy said:
So plastic handled wing cappers are all dangerous now? It's like a BB gun. For all the millions in existence, how many kids actually shot their eye out? Or glass carboys...

Sometimes bad things happen.
Click to expand...

Yea, I wouldn't suggest they all get tossed either. But certainly if you're in the market for one, or an upgrade, I'd get metal. I have a metal one that was handed down to me by an old dude it works great. I also have one of those red plastic ones that I put a 29mm bell on for large belgian bottles. That plastic one seems pretty beefy, I don't see it breaking but who knows. That plastic one didn't work nearly as well as the metal one, too. For new brewers who don't mind the extra clams, those bench cappers are pretty sweet.

I won't enter the glass carboy subject here - but those are a different story :)
 
Sorry to hear about your accident. That sucks.

When I first started in this hobby, my winged capper broke on like my second or third batch. Replaced it and used it for another 35 something batches. Just a few batches ago, it kinda started performing funky and then I had my first bottle neck break on me. Picked up a bench capper and used it on my last two batches and it works great, so much easier once you get it figured out. I still have the wing capper and will probably keep it just in case, but after reading this, I'm glad I got a bench capper.
 
Sorry for your injury, it sounds awful, and I hope you have a full and speedy recovery.

At our club brewhouse, with over 70 brewers, I've seen brewers use wing cappers like they were the Hulk. They don't require much pressure.
 
Thanks all, some great replies. To summarise, as I was putting the last bit of pressure on to crimp the crown was when it snapped; I was firm but not overly heavy handed on the crimp, so I'm fairly sure it was down to flimsy plastic and not my fault on this occasion. You'll be pleased to know that after 48 hours the damage to my hand is seemingly superficial with no major damage, and just cracked open one of my small sample bottles and the beer tastes great, so more importantly the batch isn't a write off! Picture of the injury attached for those who are interedted...don't look if you are squeamish.
 

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Cool...glad it wasn't quite as serious as originally thought. That'll be a batch of beer you'll never forget.
 
Not as bad as what happened to you but one time i was chilling a batch and my brother was in the line of fire and the output water sprayed out and he got scalded on his forearm pretty bad, he had a blister on his arm that looked like a blimp
 
Let's face it, friends. Home brewing can be just as dangerous as a machine shop, a construction site, or an engine room. I draw the line at hard hats and goggles, but I don't brew without long pants, long sleeves, boots, and gloves available. I usually brew alone, the neighbors are a long way off, and the emergency room is 20 miles away. Keep your head on a swivel and brew safe!
 
@ Dom P --- that looks nasty, but glad it wasn't worse. I've been using the same two-wing capper with plastic handles for 4 years and ??? batches, and now every time I cap, I'm going to think of your photo. With so many brands out there and being made everywhere from here to Timbuktu, there's no telling what you're going to end up with. Just curious, do you happen to know the brand and/or where you got it from?
 
That is a nasty injury. Sorry to see this happened to you. Hope you heal up well and have no tendon or nerve damage. Those bench cappers are built pretty sturdy. I upgraded to kegging many years ago and I never regretted it. Could be something to think about. You can still bottle a few for a competition or so but kegging is a great way to go also.

John
 
Glad to hear your injuries weren't worse. Still...a little scary.

I keep a healthy dose of respect for glass containers. I ferment in glass carboys, my choice and I accept the risks. Many people don't like them (and there's a thread devoted to some of the gruesome injuries from them). I always schlep them around in sturdy containers.
 
ancientmariner52 said:
Let's face it, friends. Home brewing can be just as dangerous as a machine shop, a construction site, or an engine room. I draw the line at hard hats and goggles, but I don't brew without long pants, long sleeves, boots, and gloves available. I usually brew alone, the neighbors are a long way off, and the emergency room is 20 miles away. Keep your head on a swivel and brew safe!
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You forgot Aircraft Carrier flight deck lol. I brew in shorts, tee shirt, and birkies. But, I must agree there are some dangers, and definitely don't caramelize honey in shorts and flipflops. That stuff is like napalm. :D :mug:
 
GHBWNY said:
@ Dom P --- that looks nasty, but glad it wasn't worse. I've been using the same two-wing capper with plastic handles for 4 years and ??? batches, and now every time I cap, I'm going to think of your photo. With so many brands out there and being made everywhere from here to Timbuktu, there's no telling what you're going to end up with. Just curious, do you happen to know the brand and/or where you got it from?
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I don't know the brand, but was ordered from Beer Hawk, a UK supplier, and came in a Northern Brewer starter kit.
 

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