Question
Tyra is dining in a seafood restaurant in Annapolis, Maryland, and orders homemade fish chowder from the menu. While eating the soup, she chokes on
Tyra is dining in a seafood restaurant in Annapolis, Maryland, and orders "homemade fish chowder" from the menu. While eating the soup, she chokes on a fish bone. She did not expect fish bones in the chowder and there was no warning that the chowder contained fish bones. Tyra is from Oklahoma and has never had real chowder before. The restaurant has been serving fish chowder this way for many years. Tyra is saved from the choking incident after another patron performs the Heimlich maneuver. She is hospitalized overnight, but released the next day. She is thoroughly embarrassed by the incident and files suit against the restaurant. Will she prevail? Why or why not? What must she prove to win her case?
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