Damaging bottle between delivery and explosion


Case Problem:

Escola, a waitress, was injured when a bottle of Coca-Cola exploded in her hand while she was putting it into the restaurant’s cooler. The bottle came from a shipment that had remained under the counter for thirty-six hours after being delivered by the bottling company. The bottler had subjected the bottle to the method of testing for defects commonly used in the industry, and there is no evidence that Escola or anyone else did anything to damage the bottle between its delivery and the explosion. Escola brought an action against the bottler for damages. Because she is unable to show any specific acts of negligence on its part, she seeks to rely on the doctrine of res ipsa loquitur. Should she be able to recover on this theory? Explain.

Your answer must be, typed, double-spaced, Times New Roman font (size 12), one-inch margins on all sides, APA format and also include references.

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Business Law and Ethics: Damaging bottle between delivery and explosion
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