Question
Consider the following problem from the text. Using the IRAC method, analyze the problem. 1.The Happy Grocer is a family owned grocery store. The business
- Consider the following problem from the text. Using the IRAC method, analyze the problem.
1.The Happy Grocer is a family owned grocery store. The business has three locations throughout Greater Vancouver and the Fraser Valley.While The Happy Grocer carries a wide range of products, they specialize in meat products.Elaine is a regular shopper at The Happy Grocer and has a customer loyalty card.In January 2020, she purchased a number of items that she would be taking to Whistler for a ski trip, including uncooked chicken tenders from the Abbotsford location.The tenders had been prepared and frozen in the butcher section of the Abbotsford store.
A few days after purchase, The Happy Grocer discovered that the tenders had been contaminated with salmonella bacteria.The contamination had occurred due to improper handling in the Abbotsford store.The Happy Grocer took the tenders off the shelf and posted a sign on the store door warning customers of the past contamination, but took no further steps.
Elaine had since left for her ski trip to Whistler. She had taken the tenders with her.Five days after purchase, after a long day of skiing, Elaine put the chicken tenders in the oven of her rental apartment to bake. The packaging contained the following warning:
WARNING: THE PRODUCED CONTAINED IN THIS PACKAGE SHOULD BE COOKED TO AN INTERNAL TEMPERATURE OF 165F. FAILURE TO COOK TO AN INTERNAL TEMPERATURE OF 160F COULD RESULT IN SERIOUS ILLNESS OR DEATH.
Elaine cooked the patties to 165F; however, she used her bare hands to handle the tenders and then touched her salad without washing his hands.Elaine ate the tenders and the salad and was very satisfied with her meal.
Unfortunately, the next morning, Elaine fell extremely ill with a fever, nausea and vomiting.Elaine texted a friend who she was supposed to meet for skiing and said she was too sick to hit the slopes. The friend, who was also spending the weekend in Whistler, offered to take Elaine to the doctor.Elaine declined, sure she would feel better the next day. However, the next morning Elaine was worse and barely able to stand. The friend insisted on taking her to the hospital. They packed their things and decided to drive back to Vancouver rather than see a doctor in Whistler. Elaine had become extremely dehydrated, and they were a three-hour drive from the hospital. On the way, Elaine had a seizure.At the hospital, she was immediately given IV fluids. Doctors quickly discovered that he was in kidney failure due to dehydration.
After a two-week stay in the hospital, Elaine was discharged.She had no long-term damage from the seizure but her kidneys were irreparably damaged.They were not functioning well and she would probably need to be on dialysis long term.Elaine's doctors advised her that she should not go back to work as an electrician for at least three months and that she would need to be on light duties upon return. Elaine's employer was a small shop and couldn't accommodate light duties so they dismissed her.She has been unable to find a new job despite trying - there are very few jobs available because of COVID-19.
In September of 2020, Elaine consulted a lawyer.She wants to know if she can sue The Happy Grocer.
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