The Soda Company manufactures bottles to contain carbonated beverages. They have invested millions of dollars to provide the most state-of-the-art bottling facility the world has ever seen. And their QA process is unmatched. The Soda Company takes every precaution to ensure that it’s bottles are of the highest quality. One-day Cody buys a bottle of soda with a bottle manufactured by the Soda Company. The bottle was not substantially changed from the time of manufacture to the purchase. As soon as Cody opens the bottle, it explodes in his hand causing lacerations. Cody sues for negligence. Will he recover? Be sure to list and apply the elements of negligence to this case.
Solution: Yes, Cody can sue the company on the grounds of negligence on the following grounds:-
(1) It is immaterial that the company has spent millions of dollars on research to make their product a safe one to use in the market and ensure high quality because after making heavy investments, still, the company failed to maintain quality and safety for their customers.
(2)The bottle exploded in the hands of customer shows that the product is not tested properly in the laboratory or limited research is done before making it finally available in the market.
Therefore, Cody has every right to sue the company in the court.