Tony Bales worked at a zoo and regularly fed the rare and exotic birds. One day he opened a new, sealed bag of bird feed; poison in it penetrated the cotton gloves he was wearing, injuring his hands. The poison got into the feed when the manufacturers used a mixing machine that had been used for making chemicals without washing the apparatus. Assume there is no workers' compensation scheme in place. Which of the following is true?
A) Tony could successfully sue his employer in negligence because the injury happened during the normal course of employment.
B) Tony could successfully sue his employer in negligence because his employer had breached the standard of care expected of employers.
C) Tony could successfully sue the seed manufacturer in negligence.
D) Tony could not successfully sue the manufacturer because there was o legal relationship between them.
E) Both B and C
Correct Answer:
Verified
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