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Joe Buys a Bottle of Coca-Cola

question 58

Essay

Joe buys a bottle of Coca-Cola. When Joe spots a needle inside the bottle, his buddies dare him to drink the coke. After doing so, Joe suffers physical injury as the needle sticks in his throat. Joe sues Coke under section 402A; Coke defends by arguing assumption of risk on Joe's part. Transylvania court, however, has eliminated assumption of risk as a separate defense in product liability cases. Instead, it has a comparative fault statute just like the statute in the Jimenez case in the text. Under that statute, what is the result of Joe's lawsuit and why? Assume that Coke would be liable under section 402A.

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Definitions:

Infection Threads

Filamentous structures formed by certain bacteria during the infection process of plant roots, facilitating microbial entry.

Legume

(1) A simple, dry fruit that develops from a single carpel and splits open at maturity along two sutures to release seeds. (2) Any member of the pea family (e.g., pea, bean, peanut, alfalfa).

Soil Organisms

A diverse group of living entities in soil, including bacteria, fungi, insects, and earthworms, contributing to nutrient cycling and soil health.

Prenatal Development

The process of growth and development within the womb from conception to birth.

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