Fred Was Grilling in His Backyard Tiki Bar When He

Multiple Choice

Fred was grilling in his backyard tiki bar when he popped open a can of Diet Pepsi, took a big gulp and started gagging. He emptied the can down a sink but something heavy remained inside. He shook the can until something resembling "pink linguini" slid out, followed by "dark stuff." The report from the Food and Drug Administration concluded the foreign matter was a frog or a toad. Pepsi argued that the speed of their production lines and the rigor of our quality control systems made it virtually impossible for this type of thing to happen in a production environment, and that there never has been an instance when a claim of this nature has been traced back to their manufacturing facilities. If Fred suffered severe stomach upset and required medical attention as a result of his gulp, and sued the manufacturer for negligence in manufacturing the product, what theory would help him establish that a duty of care was breached?

A) Negligence per se
B) Res Ipsa Loquitur
C) Proximate causation
D) Superseding intervening forces