Chasen purchased a dark-colored cola drink in a plastic bottle with a sealed plastic top from a vending machine located in the hall of his college dormitory room. After drinking ¾ of the cola, Chasen took another drink, and felt a sharp object enter his mouth. The object turned out to be a metal tab-top like those found on aluminum cans. Chasen’s lip and tongue were cut by the tab-top resulting in Chasen going to the ER for evaluation, 3 stitches in his lip, and medication. The lip became infected resulting in 2 visits to his family doctor and additional medication.
Lab tests conducted on the remaining cola revealed that the cola Chasen drank was not poisonous or tainted.
a. You are the owner of the vending machine company that dispensed the cola drink to Chasen and are concerned about your potential liability. What is the legal basis for any possible liability that you as the vending machine company owner might have in this case and why?
b. If sued, would you likely be found liable in this case?
c. What insurance coverage should you, as a vending machine owner, have as protection for similar situations?