Question

Ginger is a retired school teacher that who makes baked goods in her spare time. She occasionally delivers a batch of her cookies to the neighborhood restaurant to be sold at the cash register. One of her batches of cookies causes more than 20 people to become extremely sick with food poisoning. Which of the following statements is applicable?a. Ginger can be sued under the negligence theory of product liability.b. Ginger can be sued under the strict product liability theory of product liability.c. Ginger can be sued under the manufacturing defect theory of product liability.d. Ginger cannot be sued under the theory of product liability.

Answer 1

Answer:

d. Ginger cannot be sued under the theory of product liability.

Explanation:

Ginger sells goods to restaurant, and not to direct customers.

Customers can sue the restaurant owner for selling such baked products to them, and not to the direct manufacturer of such products.

Therefore, Ginger cannot be sued.

Although for any loss, the restaurant owner can sue Ginger, but not the direct customers under any scheme of Product liability. As the liability is of restaurant towards people consuming such baked products.