FACTS: A bottle of Coca Cola exploded in CJ Ginson’s hand. The explosion not only inflicted a deep five-inch cut on Ginson’s hand, but it also severed the muscles, nerves, and blood vessels of her palm and thumb.
ISSUE: Whether Ginson (Plaintiff) may rely upon the doctrine of res ipsa loquitur to infer Coca Cola (Defendant) is negligent and responsible for the defective bottle when it delivered it to Plaintiff.
RULE: Res ipsa loquitur applies if a defendant had sole control of the object that caused the injury. Second, the accident would not have occurred but for defendant’s negligence.
ANALYSIS: Carbonated liquid bottles that are properly prepared do not typically explode when carefully handled. Therefore, it can be inferred that the bottle was defective at the time Defendant relinquished control. Because Defendant failed to discover the flaw, it is liable for negligence.
CONCLUSION: Because Plaintiff showed Defendant had sole control over the delivery and inspection of the bottles, Plaintiff has satisfied the requirements under the doctrine of res ipsa loquitur.
CONCURRENCE: (Shenk, J., Curtis, J., Carter, J., and Schauer, J., concurred) A manufacturer incurs liability when it knows the object it places on the market will be used without inspection, and the object proves to be defective and causes injury to a human being. While liability should not extend to injuries that cannot be traced to the product when it reaches the market, a manufacturer’s liability should rests on whether a product is safe during normal and proper use.