Law, Business and Society 11th Edition by Tony McAdams

Exercise 48

Thomas Woeste died as a result of contracting a bacteria after eating about one dozen raw oysters at the Washington Platform Saloon Restaurant. The bacteria, vibrio vulnificus, is naturally occurring in oysters harvested in warm waters. Most people are unaffected by the bacteria, but those with weakened immune systems like Woeste can be susceptible to illness or death. Washington Platform's menu contained the following warning:
There may be risks associated when consuming shell fish.…
If you suffer from chronic illness of the liver, stomach or blood…
or if you have other immune disorders, you should eat these products fully cooked.
Woeste ordered and ate the oysters without opening the menu and reading the warning. A civil lawsuit was filed against Washington Platform alleging that the restaurant was both negligent and strictly liable for failure to adequately warn. Decide that case. Explain. See Woeste v. Washington Platform Saloon Restaurant, 836 N.E.2d 52 (Ohio Ct. App., First App. Dist. 2005).