Had abc breached the implied warranty of merchant ability


Marilyn Keaton entered an A.B.C. Drug store to buy a half-gallon bottle of liquid bleach. The bottles were stacked at a height above her eye level. She reached up, grasped the handle of one of the bottles, and began pulling it down from the shelf. The cap was loose, however, causing bleach to splash into her face, injuring her eye. Keaton filed a suit in a Georgia state court against A.B.C., alleging, in part, breach of the implied warranty of merchantability. She claimed that the bleach had not been adequately packaged. A.B.C. argued, in part, that Keaton had failed to exercise care for her own safety. Had A.B.C. breached the implied warranty of merchant ability? Discuss. [Keaton v. A.B.C. Drug Co., 266 Ga. 385, 467 S.E.2d 558 (1996)]

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