Question
Pepacola, the worlds most famous and popular brand of soda, has just launched a new product, a carbonated soft drink that enables the consumer to
Pepacola, the worlds most famous and popular brand of soda, has just launched a new product, a carbonated soft drink that enables the consumer to taste colors. Pepacola designs a brand-new container made out of a new material composed primarily of discarded shoe bottoms to be used with their new color tasting product. Pepacola contracts with Manny's Manufacturing and Manny's utilizes Pepacola's design to manufacture the new containers. Manny's entire staff quits and Manny's is forced to hire new, inexperienced staff to operate their manufacturing machines. A new employee mistakenly enters the number 3 into a manufacturing machine instead of the number 33 and the Pepacola containers they produce look just like the original design but are slightly thinner and therefore more prone to break if dropped. Pepacola discovers that if the soft drink is consumed with pepperoni pizza, some people pass out. Fearing that releasing this information to the public would hurt sales, Pepacola decides to keep their findings secret. Adam Ant loves Pepacola's new product and drinks three to four of them every day. Adam Ant also loves pizza and, while eating at his favorite pizzeria, he opens and drinks his favorite color tasting drink and passes out, hitting his head on a table. His bottle of color tasting soft drink breaks and a waitress slips and falls on the spilled soft drink and breaks her neck.
1). Under which strict liability legal theory (or theories) can Adam Ant use to sue? And, who can Adam Ant sue? Please answer using IRAC 2). Under which strict liability legal theory (or theories) can the waitress use to sue? And who can the waitress sue? Please answer using IRAC
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