Martha had dinner at a gourmet restaurant.For dessert,she had the pecan pie.While eating the pie,Martha bit down on a pecan shell,breaking a tooth.Martha sues the restaurant for her injuries.Which of the following is most likely true?

Question

Quizplus · Accepted Answer

Martha can sue the restaurant for her injuries under the consumer expectation test, which requires the product to be reasonably safe for its intended use. In this case, the intended use was to eat the pecan pie, and it is reasonable to expect that the pie would not contain a pecan shell that could break a tooth. The foreign substance test, which requires the substance to be foreign to the food, may not apply if the pecan shell was a natural part of the pie. Therefore, option B is the most likely true.

Martha Had Dinner at a Gourmet Restaurant