Mexicali Rose v. Superior Court

MOSK, J., Dissenting.

I

The majority hold that processed food containing a sharp, concealed bone is fit for consumption, though no reasonable consumer would anticipate finding the bone. They declare in effect that the bone is natural to the dish, therefore the dish is fit for consumption. The majority never explain why this should be the rule, when it is universally held that in the analogous case of a sharp bit of wire in processed food, liability occurs under both the implied warranty of fitness and the theory of strict liability for defective consumer products.

Nor does the majority reject…