mplied Warranty of Fitness for Human Consumption

| March 14, 2016

Implied Warranty of Fitness for Human Consumption – Tina Keperwas went to a Publix Supermarket in Florida and bought a can of Doxsee Brand Clam Chowder. Keperwas opened the can of soup and prepared it at home. While eating the chowder, she bit down on a clamshell and injured one of her molars. Keperwas filed suit against Publix and Doxss for breach of an implied warranty. In the law suit, Keperwas alleged that the clam chowder “was not fit for use as food, but was defective, unwholesome, and unfit for human consumption” and “was in such condition as to be dangerous to life and health” At the trial, Doxsee’s general manager testified as to the state-of-the-art methods Doxsee uses in preparing its chowder. Are Publix supermarkets and Doxsee liable for the injury to Keperwas’ tooth?

Explain your answer.

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