Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda beverage, which proves defective and injures her. One justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that
A) Soda is in a better position than Talia to bear the cost of her injury.
B) Talia is a person, not a business.
C) making and selling products are abnormally dangerous activities.
D) Soda and Talia are in privity.

Question

Soda Bubbles Corporation makes and sells soft drinks. Talia buys and drinks a Soda beverage, which proves defective and injures her. One justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that​
A) ​Soda is in a better position than Talia to bear the cost of her injury.
B) ​Talia is a person, not a business.
C) ​making and selling products are abnormally dangerous activities.
D) ​Soda and Talia are in privity.

Quizplus · Accepted Answer

The justification for holding Soda strictly liable for the harm caused to Talia by its defective product is that Soda is in a better position than Talia to bear the cost of her injury. Strict liability is a legal doctrine that holds manufacturers liable for harm caused by their products, regardless of fault. The purpose of this doctrine is to shift the burden of injuries caused by defective products from the injured party to the party in the best position to prevent them. In this case, Soda is the manufacturer and seller of the defective product and is therefore in the best position to prevent harm caused by its products. Talia, as the injured party, is not in a position to prevent the harm caused by Soda's defective product. Hence, holding Soda strictly liable is justified.

Soda Bubbles Corporation Makes and Sells Soft Drinks