Texas Appeals Court: Longneck Bud Bottles Just Fine for Whomping Someone Over the Head with, Thanks

Keep Houston Press Free
I Support
  • Local
  • Community
  • Journalism
  • logo

Support the independent voice of Houston and help keep the future of Houston Press free.

In an august decision that will shine in the annals of beer-related jurisprudence for as long as bar patrons whomp each other over the side of the head, a Texas state appeals court has ruled that Anheuser-Busch cannot be sued just because their longneck beer bottles are so damn handy for getting that job done.

The Eighth Court of Appeals in El Paso tossed out a case from a bar patron who said she'd been hit with a bottle by another customer, "resulting in five lacerations and permanent scaring."

To be sure, little might be expected to go right in a case where the ruling begins "While celebrating a friend's birthday at a bar known for its violence," and the facts don't disappoint.

Marty Gann says she was struck twice in her head with a glass longneck bottle during an altercation; she sued Bud on a product-liability claim, saying the company should have known it was manufacturing a dangerous product.

The panel of judges disagreed, saying Gann "failed to produce more than a scintilla of evidence that the longneck bottle was defectively designed as as to render it unreasonably dangerous" and that the company owed her a legal duty to protect her from third-person violent acts.

In her case, which we saw via Courthouse News Service, Gann tried to argue that plastic beer bottles would be safer, but the court found she failed to address whether substituting plastic for glass was economically feasible or would result in desired improvements.

Follow Houston Press on Facebook and on Twitter @HairBallsNews or @HoustonPress

Keep the Houston Press Free... Since we started the Houston Press, it has been defined as the free, independent voice of Houston, and we would like to keep it that way. Offering our readers free access to incisive coverage of local news, food and culture. Producing stories on everything from political scandals to the hottest new bands, with gutsy reporting, stylish writing, and staffers who've won everything from the Society of Professional Journalists' Sigma Delta Chi feature-writing award to the Casey Medal for Meritorious Journalism. But with local journalism's existence under siege and advertising revenue setbacks having a larger impact, it is important now more than ever for us to rally support behind funding our local journalism. You can help by participating in our "I Support" membership program, allowing us to keep covering Houston with no paywalls.

We use cookies to collect and analyze information on site performance and usage, and to enhance and customize content and advertisements. By clicking 'X' or continuing to use the site, you agree to allow cookies to be placed. To find out more, visit our cookies policy and our privacy policy.


Join the Press community and help support independent local journalism in Houston.


Join the Press community and help support independent local journalism in Houston.