ASE SCENARIO The law firm where you work as a paralegal is representing Virginia Burke. Burke purchased a bottle of "Le Domaine" champagne manufactured by Almaden Vineyards, Inc. At home, she removed the wine seal from the top of the bottle but did not remove the plastic cork. She set the bottle on the counter, intending to serve it in a few minutes. Shortly thereafter, the plastic cork spontaneously ejected from the bottle, ricocheted off the wall, and struck Burke in the left lens of her eyeglasses, shattering the lens and driving pieces of glass into her eye. The champagne bottle did not contain any warning of this danger. Evidence showed that Almaden had previously been notified of the spontaneous ejection of the cork from its champagne bottles. CASE SCENARIO REVISITED Remember the case at the beginning of the chapter in which Virginia Burke was injured by the champagne bottle cork? Now that you know more about the relationship of strict liability to contract law, if Burke sued Almaden to recover damages for strict liability is Almaden liable? To help you with your answer, see the case Burke v. Almaden Vineyards, Inc., 150 Cal. Rptr. 419 (Ct. App. 1978).

• Summarize the case and highlight relevant facts.
• If Burke sued Almaden to recover damages for strict liability, is Almaden liable?