Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts

Exercise 20

Escola, a waitress, was injured when a bottle of soda 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. As 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.