Escola V. Case Brief Essay

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Recommended: Arguments For And Against Strict Liability

Facts
• Plaintiff (Escola) was working as a waitress in a restaurant when the Defendant's delivery driver delivered several cases of Coca Cola to the restaurant. While unloading the bottles, one exploded in the Plaintiff's hand causing injury.
Procedure History
• The case was initially ruled in favor of the plaintiff following the doctrine of res ipsa loquitur (negligence), “a doctrine or rule of evidence in tort law that permits an inference or presumption that a defendant was negligent in an accident injuring the plaintiff on the basis of circumstantial evidence if the accident was of a kind that does not ordinarily occur in the absence of negligence” (Merriam-Webster).
Even after the majority opinion and Chief Judge, Phil Gibson, affirmed …show more content…

Rule
• Doctrine of res ipsa loquitur (negligence): a plaintiff who establishes the elements of res ipsa loquitur can withstand a motion for summary judgement and reach the jury without direct proof of negligence – Cox v May Dept. Store Co., 903 P.2d 1119 (1995) (“Merriam Webster’s Dictionary of Law”)
• Strict Liability: an individual would be held responsible for their actions or products that caused the damages regardless of any negligence or fault on their part. A plaintiff filing a personal injury lawsuit under a strict liability law does not need to show intentional or negligent conduct, only that the defendant's action triggered strict liability and that the plaintiff suffered a harm. (“What is Strict Liability?”)

Application
• The case concluded that manufactures have a responsibility to not let defective products on market, and that there was an act of negligence by Coca Cola because of the defective bottle. Therefore, Coca Cola was found to be legally responsible for damage and loss without proving fault, or negligence. This resulted in strict liability being placed on the manufacturer. The case set precedent for future cases involving product liability. As a result of this finding, companies that distribute products to the public are responsible for any harm caused by their

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