Reference no: EM13727534

3. Aristotle Mythos is having a "mid-life crisis," in large part because he is 50 years old, and he realizes that most people do not live to be 100. In an attempt to conquer his depression, and to prove that he is equivalent to a 20-year-old (at least in spirit,) Mythos plans to climb Mount Zeus, the highest peak in his ancestor's homeland of Greconia.
In preparation for his climb, Mythos patronizes the local "outdoors" shop, Athena's Garden, and asks to speak with a trained sales associate. Mythos specifies that he will be climbing Mount Zeus, and that he will need a tent and sleeping bag to survive the wind and elements on two nights during his ascent and descent. The associate selects a tent and sleeping bag from a wide variety of possibilities, and Mythos leaves the store a "happy camper."
Mythos begins his climb the following day, and successfully reaches his check point, halfway to Zeus' peak, before nightfall. He prepares his campsite, and looks forward to some much-needed rest. Unfortunately, he has a fitful night, shivering in his sleeping bag below a partially-collapsed tent, with the wind and the cold "getting the best of" Mythos and his camping gear.
In the daylight of the following morning, Mythos fully awakens to realize that the toes on both of his feet have turned a sickening shade of blue-purple, and he realizes with great disappointment that he will not be able to fulfill his dream of climbing Mount Zeus. Further, upon closer examination of his tent and sleeping bag, both are trademark-stamped "The Young Mythologist," gear intended for backyard camping by children.
As a result of his misfortune, Mythos must have four toes (two toes on each foot) amputated, and he incurs medical expenses of $58,000 for treatment and rehabilitation. Mythos' doctor has rated him with 20% permanent partial disability as a result of his toe amputations.
Is Athena's Garden legally responsible for Mythos' medical expenses and partial disability? If so, on what theory?