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MMLU-Pro / 1624 / A minor child was eating a fish sandwich in a fast food restaurant when a large…

Problem

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question

A minor child was eating a fish sandwich in a fast food restaurant when a large metal object, later identified as a fish hook, got caught in her throat. The trapped hook caused her to cough blood uncontrollably, and she was rushed to a hospital for emergency surgery. The restaurant later defended the customer's lawsuit by showing that it had done everything reasonable to eliminate foreign objects from its product and there was no negligence. Will the lawsuit be dismissed and judgment entered for the restaurant?

category

law

options

  1. No, because the restaurant should have provided a warning about potential hazards in their food.
  2. Yes, because the child should have been supervised while eating.
  3. Yes, because the restaurant cannot control what is in the fish they receive from suppliers.
  4. Yes, because a customer voluntarily assumes the foreseeable risk that fish will contain metal fish hooks.
  5. No, because even without negligence there is strict liability imposed for selling an unreasonably dangerous product.
  6. No, because the seller did not post a warning that its fish might contain fish hooks.
  7. Yes, because customers are expected to know that a fish sandwich will often have foreign objects in it.
  8. No, because the restaurant should have had a procedure in place to prevent such incidents.
  9. Yes, because the restaurant did everything reasonable to ensure the safety of their food.
  10. No, because the restaurant should have checked each fish individually for hooks.

src

ori_mmlu-professional_law

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