Virginia burke purchased a bottle of le domaine

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Reference no: EM13824563

Virginia Burke purchased a bottle of "Le Domaine" champagne that was manufactured by Almaden Vineyards, Inc. At home, she removed the wine seal from the top of the bottle but did not remove the plastic cork. She set the bottle on the counter, intending to serve it in a few minutes. Shortly thereafter, the plastic cork spontaneously ejected from the bottle, ricocheted off the wall, and struck Burke in the left lens of her eyeglasses, shattering the lens and driving pieces of glass into her eye. The champagne bottle did not contain any warning of this danger. Evidence showed that Almaden had previously been notified of the spontaneous ejection of the cork from its champagne bottles. Burke sued Almaden to recover damages for strict liability.

Is Almaden liable? Yes No Explain your answer.

Reference no: EM13824563

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