Exam 2 study guide

1. Aaron Little was eating an olive burger at Lou's Restaurant and Lounge when he chew an olive pit. The olive pit was large and hard enough that broke one of Aaron's teeth. Discuss the legal issues raised by these facts and what is the likelihood of succeeding in a product liability lawsuit.

2. Emmanuelle Veneers purchased a bottle of "La Championato" champagne that was manufactured by ArgoVine Vineyards, LLC. While at her home, Emmanuelle removed the champagne seal from the top of the bottle but did not remove the cork. She placed the champagne bottle on the table, intending to serve it in a few minutes during diner. Shortly thereafter, the cork spontaneously ejected from the bottle, bounced off the ceiling, and struck Emmanuelle in the right lens of her eyeglasses, shattering the lens and driving pieces of glass into her right eye. The champagne bottle did not have any warning of this danger. Evidence showed that ArgoVine had previously been notified of the spontaneous ejection of the cork from its champagne bottles. Emmanuelle sued ArgoVine to recover damages under strict liability. Is ArgoVine liable? Please explain.

3. Bono Enterprises, Inc, distributed a product known as Venezuelan Golden Tablets which it was manufactured by Miracle Cosmetics, LLC. The purpose of the tablets was to allow a person to achieve an even tan without exposure to the sun. When ingested, the tablets imparted color to the skin through the use of various ingredients, one of which was tanthaxanthin, a coloring agent. Tanthaxanthin had not been approved for use by the FDA as a coloring additive. Melanie ingested several tablets for a period of two weeks before she left for her spring break trip to St. Lucas. The day she was scheduled to travel to St. Lucas she noticed that her chin was bright white and no tan in that area of her face. Although she traveled as scheduled, she was embarrassed during her vacation because of her unusual face coloring. Assume that the unusual coloring of her face was attributed to the tablets she ingested; does she have any claims against Bono Enterprises? Why or why not? Please briefly explain.