Samantha Abramowitz, a student at Orange Community College, is hungry and late for a 12:00 business law class. She stops at Harry's Hop-In, a local convenience store, in a hurry to find lunch and determined to arrive at the class no later than 12:15. Abramowitz purchases a pre-packaged barbeque sandwich, heats it in the microwave, and hurriedly heads for her car.
Upon arriving at the college parking lot, Samantha unwraps the cellophane from her sandwich, bites down, and hears a sickening "cracking sound." Looking in her rear-view mirror, she realizes in horror that her front two teeth are broken.
Upon examining the sandwich, Samantha finds the remnants of her front two teeth, barbeque, and a hard, rounded substance. Closer examination leads her to conclude it is a ½ inch-long portion of a pig bone. Having learned to preserve evidence in her business law class, Abramowitz retains the remainder of the sandwich, her broken teeth, the receipt from the convenience store (documenting that one barbeque sandwich had been purchased from Harry's Hop-In Convenience Store at 12:05 p.m. on August 28,) and the sandwich's cellophane wrapping, depicting the name of the manufacturer of the sandwich, The Potbellied Pig Barbeque Company.
Does Abramowitz have a viable cause of action against the convenience store? Does she have a viable cause of action against the sandwich maker? Is it relevant that bone is a natural part of the pig? Is it relevant whether the sandwich manufacturer complied with industry standards (including product safety standards) in the production of the sandwich?