Benjamin decided to do a 14-days detox cleansing challenge and eat only vegetable and fruit-based smoothies during that time. Benjamin wanted to purchase the Minja model, a highly-rated countertop blender, manufactured by Whole Earth, for use during this cleansing challenge. On March 1, he bought the Minja blender for $250, at the upscale Come & Get Department Store, in Brooklyn. The next day, Benjamin followed the instructions and placed slices of apples, kale, and berries inside the blender. He locked the top and pressed the on button of the blender as instructed. Suddenly, the top cover came loose, spun out, hit and injured Benjamin. Benjamin hired a lawyer, who was unable to find evidence of negligence on the part of either the Come & Get Department Store or the Whole Earth Manufacturing. The lawyer did find, however, that Whole Earth had failed to install a small safety valve that would have prevented this explosion. The cost of this safety valve would have been an extra 2 dollars per blender.

Benjamin sues to recover for his injuries. Discuss full