Embs recover damages from (a) Stamper, (b) Vice, or (c) Pepsi-Cola Bottling? Why?
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Mrs. Embs went into Stamper’s Cash Market to buy soft drinks for her children. She removed five bottles from an upright soft drink cooler, placed them in a carton, and then turned to move away from the display when a bottle of 7 Up in a carton at her feet exploded, cutting her leg. Apparently, several other bottles had exploded that same week. Stamper’s Cash Market received its entire stock of 7 Up from Arnold Lee Vice, the area distributor. Vice in turn received his entire stock of 7 Up from Pepsi-Cola Bottling Co. Can Mrs. Embs recover damages from (a) Stamper, (b) Vice, or (c) Pepsi-Cola Bottling? Why? |
Explanation
In addition to the buyers, the doctrine of strict tort liability extends to any passerby, who has been injured evidently from the defective product. The product was picked up by Individual E from the store to purchase and the offer to buy was made by Organization S. This makes the rights of Individual E become the same as a buyer, making Individual E eligible to demand compensation.
Additionally, Organization S was aware of the product's defect but continued to place it on the cooler. As per the doctrine of vertical privity, it makes Organization S as equally responsible as Organization V and Organization P, the distributor and the manufacturer of the defective product. However, as a way out, Organization V and Organization P can bear such loss by dividing it under insurance and repayment agreements.
Sample Response
All the three parties accused can be held liable for such an incidence, based on the extended concept of vertical privity and strict liability.
