Alee V. Bob’s
Negligence
Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages
Special Duty- Land Occupier/Invitee
A special duty arises in circumstances involving a land occupier. An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make the premises safe.
Bob’s grocery store is a business that is open to the public, thus making it a landowner.
Alee entered that business during regular operating hours, making her an invitee.
Bobs Grocery Store owes all who enter, a duty of care …show more content…
If she looked at the muffin before she bit into it, it’s reasonable to suggest that without squeezing or biting into the muffin, inspection alone would not detect anything out of the ordinary. Based on those facts, it does not suggest that Bob’s could have failed to live up to the standard owed.
Therefore, Bob did not breach its duty to Liz.
Strict liability in tort
If a defective product is placed in the stream of commerce, the manufacturer will be held strictly liable in torts to all consumer users for their injuries.
A defective product is a product which is unreasonably dangerous to the user when used for its intended purpose without any interference. A muffin is a food product with the sole purpose of being consumed. However, the product becomes dangerous when the consumer is injured while consuming it. The muffin was a defective product.
“Moms Fluffy Blueberry Muffins” are baked and distributed by Moms Bakery Inc. and are the manufacturer of the blueberry muffin Liz bit into. Liz is the consumer that was injured after biting into their product.
Therefore, “moms Bakery Inc.” is strictly liable for Liz’s injuries.
Actual
Negligence
Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages
Special Duty- Land Occupier/Invitee
A special duty arises in circumstances involving a land occupier. An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity. The landowner owes an invitee a duty of care to inspect and discover any dangerous condition and to make the premises safe.
Bob’s grocery store is a business that is open to the public, thus making it a landowner.
Alee entered that business during regular operating hours, making her an invitee.
Bobs Grocery Store owes all who enter, a duty of care …show more content…
If she looked at the muffin before she bit into it, it’s reasonable to suggest that without squeezing or biting into the muffin, inspection alone would not detect anything out of the ordinary. Based on those facts, it does not suggest that Bob’s could have failed to live up to the standard owed.
Therefore, Bob did not breach its duty to Liz.
Strict liability in tort
If a defective product is placed in the stream of commerce, the manufacturer will be held strictly liable in torts to all consumer users for their injuries.
A defective product is a product which is unreasonably dangerous to the user when used for its intended purpose without any interference. A muffin is a food product with the sole purpose of being consumed. However, the product becomes dangerous when the consumer is injured while consuming it. The muffin was a defective product.
“Moms Fluffy Blueberry Muffins” are baked and distributed by Moms Bakery Inc. and are the manufacturer of the blueberry muffin Liz bit into. Liz is the consumer that was injured after biting into their product.
Therefore, “moms Bakery Inc.” is strictly liable for Liz’s injuries.
Actual