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12) Holly orders a bottle of Miller Lite at a tavern, and the bottle unexpectedly explodes in her hand severing her jugular vein. Sadly, Holly dies.
12) Holly orders a bottle of Miller Lite at a tavern, and the bottle unexpectedly explodes in her hand severing her jugular vein. Sadly, Holly dies. Her husband, Dale, sues MillerCoors, the beer distributor, and the tavern for strict product liability alleging that there was a manufacturing defect in the bottle. Dale will likely
a. Win, because the doctrine of res ipsa loquitur dictates that the bottle would not have exploded unless it contained a defect introduced by the defendants
b. Lose, because Dale cannot establish how the bottle was defective or which defendant introduced the defect
c. Win, because the defendants violated their general duty of reasonable care by selling a defective bottle
d. Lose, because Holly likely caused the defect herself, after ordering the beer
13) Richard is walking along a sidewalk in Manhattan while talking on cell phone. As he passes the Empire State Building he is struck in the head by a falling wrench. He sues the owners of the building. He will likely
a. Win, because landowners are responsible for all injuries on their property
b. Lose, because Richard cannot establish what the breach of duty was
c. Lose, under the doctrine of contributory negligence
d. Win, under the doctrine of res ipsa loquitur
