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Supreme Court of California - 24 Cal. 2d 453
Tags: Torts, Product liability, Res ipsa loquitur
The plaintiff, a waitress, sued a bottling and delivery company for negligence after a bottle of Coca Cola broke in her hand causing injury. The jury found in favor of the plaintiff based on the doctrine of res ipsa loquitur, despite the defendant's argument that it did not apply and the broken bottle was not produced as evidence. The application of the doctrine in cases involving exploding bottles of carbonated beverages has been controversial, but it may apply if the defendant had exclusive control of the object causing the injury and the accident would not normally occur in the absence of negligence by the defendant. The plaintiff must also prove that they handled the object carefully and that there was no action on their part contributing to the accident. Legal authorities such as Honea v. City Dairy, Inc. and Prosser on Torts support this approach.
The author argues that manufacturers should be strictly liable for injuries caused by defective products they place on the market, regardless of negligence. The Health and Safety Code imposes strict liability on manufacturers for producing adulterated food that may be injurious to health. The retailer is absolutely liable to their customer for implied warranties, including safety, and can recoup losses from the wholesaler or manufacturer. It would be more efficient for the injured person to base their action directly on the manufacturer's warranty.
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