Fact Scenario: Quik Results, Inc.(QRI), a Michigan corporation, makes and sells Power Up!, a super energy boosting, carbonated beverage. Power Up! is made in Michigan, but shipped to stores all across the Midwest and East Coast. Power Up! is made by QRI, and delivered on QRI. trucks, by QRI employees. QRI has in-house accounting and marketing staff.
QRI includes on the label of Power Up! a warning that states that QRI is not liable for any injury or death caused by Power Up!. Three drinkers of Power Up! become violently ill and 2 die soon after drinking Power Up! The cause of injury and death is found to be due to QRI’s negligence in making Power Up!. All three of those injured bought their Power Up! at different locations of the 8/12 convenience store chain. Under what cause of action or theory could QRI be sued? Could 8/12 be sued? Under what theory? Based on the warning on the label of Power Up!, can QRI avoid liability?