Question
Facts for next questions: Listerine makes and sells mouthwash with menthol. This year, it received 36 complaints that consumers had gotten sick from using the
Facts for next questions: Listerine makes and sells mouthwash with menthol. This year, it received 36 complaints that consumers had gotten sick from using the mouthwash. Listerine is confused because it has used the same formula and manufacturing process for 50 years without any complaints. Scientists tested the bottles that sickened the consumers and found that those bottles had 20 times the amount of menthol called for in Listerine's formula. Listerine found no problems with its manufacturing process, and the sickened consumers cannot show the cause of the high levels of menthol in their mouthwash.
If the sickened consumers sue Listerine based on strict liability for design defects, Listerine is likely to:
A. Lose, because the manufacturing process must have been defectively designed for the levels of menthol to come out so high B. Lose, if the risk of making consumers sick by adding menthol to the mouthwash was outweighed by the utility of having mouthwash that tasted good and freshened users' breath C. Prevail, because there is no evidence that the mouthwash was defectively designed D. Prevail, unless the manufacturer proves that the bottles contained a warning cautioning that the mouthwash may contain high levels of menthol that could make consumers sick
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