Unintentional Torts


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  • I'm hungry!
  • I know.
  • Broccoli Cheddar Soup
  • Hi, what would you like to order?
  • Looking for a spoon, eh? Not very bright are you.
  • Bobby's stomach began to grumble and he decided to stop by Panera Bread for lunch. Some nice hot soup to warm himself up was ideal in the kind of chilly weather. Nothing could possible go wrong- or so he thought...
  • Gosh, where can I find the spoons?
  • Bobby ordered the deluxe Pick 2 combo of Broccoli Cheddar soup and a side of a small piece of baguette. He waited patiently for the waiter to deliver his meal. Nothing could possible have been any better.
  • Dear God, please let Bobby recover from his sickness. Amen.
  • His mouth began so salivate as the waiter brought over his meal. He could smell the soup's fragrance from a mile away. Bobby thanked the waiter for delivering the food and dived into eating his baguette ravenously. His sharp movements caused him to knock his metal spoon to the floor.
  • Contributory: Carelessly utilized a plastic spoon in hot soup.  Assumption of Risk: Knew plastic spoon is dangerous in hot food, yet still used it. Comparative: Typically, one would ask the waiter for extra utensils.
  • He gets up to go find an extra spoon. Bobby quickly grabs a plastic spoon from the salad aisle and returns to his seat. Duty of Care: Bobby gets another spoon since the metal spoon became dirty from dropping on the ground, and thus could make him sick.
  • Bobby returned to his seat and ate the hot soup with his plastic soup. After, he became really sick and was sent to the Emergency Room where he eventually recovered. Later, he sued Panera Bread for providing plastic utensils for highly heated food. This was taken to court.
  • The court favored the defendant, Panera Bread, over the Plaintiff, Bobby. Breach of Duty: Carelessly snatched a plastic spoon for the hot soup. Proximate cause: Plastic spoon melted into soup, causing his sickness. Actual Harm: Sent to the emergency room and was sick for a week. Strict Liability: Involved in dealing with hot liquids.
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