Liam Sweeney had always dreamed of owning his own Irish pub. Recently, he was able to lease

Fantastic news! We've Found the answer you've been seeking!

Question:

Liam Sweeney had always dreamed of owning his own Irish pub. Recently, he was able to lease a building that used to be a pizza joint, and he opened his own pub - "The Craic". {Note: "Craic" is Irish slang used to describe the good times, fun, music and dancing often found in Irish pubs. It is pronounced "crack".} The Craic was an instant sensation, drawing lots of college kids from the two universities nearby. Liam was living the dream - and he had international rugby matches on the big screen TVs at all times!

The most popular item on the menu was the "Sweeney Burger" - two quarter-pound patties stuffed in the middle with a concoction of Guinness stout and Irish Cheddar Cheese. When cooked properly, the Sweeney was a hot and steaming artery-clogging cheesy delicacy. But if you ate it right after it was cooked, you could seriously burn your lips and tongue. The cooks at The Craic were trained to hold the Sweeney for two minutes after it came off the grill to allow it to cool. Even then it was very hot. The menu contained a notice: "Cut your Sweeney Burger in half and allow to cool before eating". Not many diners did it this way, however.

One night, a group of students came in - three of the "regulars", and an international student that Liam had never seen before. His name was Giorgos, and he had just arrived from Cyprus to start a graduate program in International Relations. Giorgos was with Pauline, the grad student advisor from the International Education office, and two other students. Pauline loved the Sweeney Burger and she always ordered it, even though she had sometimes gotten super-hot cheese on her chin. She recommended it to Giorgos, who had never had anything like it in Cyprus. When the waitress came, they ordered two Sweeney Burgers without even receiving a menu, and ordered a couple of pints of Guinness to enjoy while the food was prepared.

Fiona was a new waitress at the Craig. It was her second day and she had never worked such a busy shift. Fiona was the server for Pauline and Giorgos. She was slow in putting in their order, and when the two Sweeney Burgers came up, the cooks put them along side the grill to cool. Fiona had been trained NOT to take a Sweeney Burger from this area, but to wait until the cooks moved them to the counter after cooling. Fiona was in such a rush to get the order out, that she grabbed the burgers before they had cooled, and placed them before Pauline and Giorgos. They were hungry so they dug in! Both bit into their Sweeney Burgers at the same time - and each was instantly howling in pain as the molten cheese burned their mouth, lips and chin. Both had to go to the emergency room to be treated for second degree burns.

Pauline and Giorgos have contacted a lawyer about a possible lawsuit against Liam and The Craic (as the employer, they would be liable for torts of employees such as the cooks and Fiona). Liam knows you have taken Business Law, and has asked you to evaluate the potential claims. Please advise Liam regarding the following:

1) Liability in negligence, including: a) all elements of a negligence claim, b) possible defenses that Liam might raise against Pauline, and c) possible defense Liam might raise against Giorgos.

2) Liability in product liability, including: a) all legal elements of a product liability claim, b) the possible defenses Liam might raise against either Pauline or Giorgos.