Mason, who is a waiter, is injured when an unopened bottle of cola explodes in his hand while he is putting it into the restaurant's cooler. If Mason wants to sue the bottling company for his injuries:
A) he will lose, because it will be impossible for him to prove that the bottle was overpressurized by the bottler.
B) he will lose, because the bottling company has no duty to him.
C) he will probably win if the court allows him to use the res ipsa loquitur doctrine.
D) he will win based on the last clear chance rule.

Question

Quizplus · Accepted Answer

The res ipsa loquitur doctrine allows a plaintiff to shift the burden of proof to the defendant in certain circumstances where the injury could not have occurred without negligence on the defendant's part. In this case, if Mason can prove that the unopened bottle of cola exploding in his hand was an event that would not usually occur without negligence on the part of the bottling company, he may be able to use the res ipsa loquitur doctrine so the burden of proof will be on the defendant bottling company to prove that they were not negligent.

Mason, Who Is a Waiter, Is Injured When an Unopened