Asked by
Hannah Arslanian
on Nov 29, 2024
Verified
William, who is a waiter, is injured when an unopened bottle of cola explodes in his hand while he is putting it into the restaurant's cooler. If William wants to sue the bottling company for his injuries:
A) he will lose, because it will be impossible for him to prove that the bottle was overpressurized by the bottler.
B) he will lose, because the bottling company has no duty to him.
C) he will probably win if the court allows him to use the res ipsa loquitur doctrine.
D) he will win based on the last clear chance rule.
Res Ipsa Loquitur
A legal doctrine which allows plaintiffs to prove negligence on the basis of the very nature of an accident or injury occurring, suggesting the defendant's responsibility even without direct evidence of negligence.
Overpressurized
A state where pressure in a system exceeds its designed limits, potentially leading to failure or hazard.
Bottler
A company or entity that places beverages into bottles for distribution and sale.
- Differentiate and identify the various aspects and defenses involved in negligence and strict liability issues.
- Acquire knowledge on how the Restatement Second Torts applies to cases involving Liability for Physical and Emotional Harm.
Verified Answer
NT
Learning Objectives
- Differentiate and identify the various aspects and defenses involved in negligence and strict liability issues.
- Acquire knowledge on how the Restatement Second Torts applies to cases involving Liability for Physical and Emotional Harm.