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Question
Joe buys a bottle of Coca-Cola. When Joe spots a needle inside the bottle, his buddies dare him to drink the coke. After doing so, Joe suffers physical injury as the needle sticks in his throat. Joe sues Coke under section 402A; Coke defends by arguing assumption of risk on Joe's part. Transylvania, however, has eliminated assumption of risk as a separate defense in product liability cases. Instead, it has a comparative fault statute just like the statute in the Jimenez case in the text. Under that statute, what is the result of Joe's lawsuit and why? Assume that Coke would be liable under section 402A.
Answer
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