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QUESTION

In the above lawsuit, Maria v. Bottler of Diet Wrong, expert examinations of the bottle fragments do not reveal anything wrong with the bottle.

In the above lawsuit, Maria v. Bottler of Diet Wrong, expert examinations of the bottle fragments do not reveal anything wrong with the bottle. One of the legal theory's advanced by Maria's attorney, however, is claiming the product is defective based on lack of sufficient warning and as evidenced by the type of accident Maria suffered; thus claiming the product is defective. Under this theory, the jury could find

  • Diet Wrong liable based on the fact they breached the duty of care owed to any and all potential users of the product.
  • Diet Wrong liable so long as the jury believes the lack of a sufficient warning renders the product defective.
  • Diet Wrong liable under the tort theory of strict liability so long as the jury believes the product is defective and the defective product caused the plaintiff's injury.
  • Two statements are correct.
  • None of the statements are correct.
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