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Fred was grilling in his backyard tiki bar when he popped open a can of Diet Bedrock Beverage ( a popular drink in the town
Fred was grilling in his backyard tiki bar when he popped open a can of Diet Bedrock Beverage a popular drink in the town of Bedrock took a big gulp and started gagging. He emptied the can down a sink but something heavy remained inside. He shook the can until something resembling "pink linguini" slid out, followed by "dark stuff." The report from the Food and Drug Administration concluded the foreign matter was a frog or a toad. Bedrock Beverage company argued that the speed of their production lines and the rigor of their quality control systems made it virtually impossible for this type of thing to happen in a production environment, and that there never has been an instance when a claim of this nature has been traced back to their manufacturing facilities. If Fred suffered severe stomach pain and required medical attention as a result of his gulp, and he sued the manufacturer for negligence in manufacturing the product, what theory would help him establish that a duty of care was breached?
Superseding intervening forces
Res Ipsa Loquitur
Proximate causation
Negligence per se
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