*384 OPINION
Aрpellant Shelley Van Duzer worked as a cashier at Raley’s Supermarket in Reno. On July 25, 1985, a customer brоught a shopping cart containing bottles of Canada Dry Salt-Free Seltzer to Van Duzer’s checkstand. As Van Duzer began removing potato chips from the top of the cart, a bottle of seltzer explоded severely injuring her in the eye. As a result, Van Duzer required surgery and, ultimately, a cornea transplant. She brоught suit on a strict liability theory against Owens-Illinois, Inc., which manufactured the bottle, and Shoshone Coca Colа Bottling Co., which bottled the product and placed it on the shelves of the store. She alleged she was injured because the bottle was defective. Although the bottle exploded while in a shopping cart and there was not evidence it had been subjected to abnormal handling or misuse, the jury returned a verdiсt for the defendants. Van Duzer moved for judgment notwithstanding the verdict or for a new trial. The district court denied hеr motion. She appeals.
Van Duzer argues she was entitled to a new trial because of manifest disrеgard of the court’s instructions by the jury. NRCP 59(a). A new trial is warranted if it would have been impossible
*385
for the jury to have rendered the verdict if it had properly applied the instructions. Rees v. Rodrigues,
This court has long recognized that a manufacturer or distributor of a product is strictly liable for injuries resulting from a defect in the product that was present when the product left its hands. Ginnis v. Mapes Hotel Corp.,
According to the uncоntradicted evidence, the bottle exploded while in a parked shopping cart. The customer testified she did not drop the bottle or bump the cart. Van Duzer, herself, did not even touch the bottle. We аre at a loss to understand how the jury could have concluded from this evidence that the bottle did not fаil to perform in the manner to be reasonably expected. The bottle was handled in precisеly the manner in which it was intended to be handled. The customer removed it from the shelf, placed it in the shopping cart with other items, and took it to the checkstand. A product container that cannot withstand the rigors of normal shopping practices is unreasonably dangerous and, by definition, defective.
We are mindful the evidence must be viewed in the light most favorable to the respondents. Wilkes v. Anderson,
By respondents’ own theory of the facts, the bottle shattered because of a single blow. Under the facts of this case, susceptibility to breakage on imрact with other bottles ordinarily found in shopping carts, rendered the bottle unreasonably dangerous and defective. The. evidence indicates this defect was inherent in the bottle and present when it left the control of the manufacturer and, hence, the distributor. Respondents’ own expert witness testified the bottle had not been weakened prior to breakage. Although respondent Owens-Illinois, Inc. presented evidence the bottle had no visible flaw and conformed to certain manufacturing specifications, this does not negate the presence of an inherent trait rendering the item unreasonably dangerous.
Van Duzer succeeded in presenting a prima facia case. Respondents did not present any evidence negating the elements of a cause of action in strict liability or supporting the defense of product misuse. The verdict could only have resulted from manifest disregard of the instructions. Since we conclude Van Duzer is entitled to a new trial, we need not address her remaining assignments of error. We reverse the judgment of the district court and remand the cause for proceedings consistent with this opinion.
