Final answer:
In a case where a vendor is sued for negligence after a person gets sick from eating unrefrigerated raw oysters, the best defense is likely 'Assumption of risk' as it argues that the consumer was aware of the risks associated with eating unrefrigerated seafood and chose to take that risk voluntarily.
Step-by-step explanation:
When a person becomes seriously ill after eating unrefrigerated raw oysters from a street vendor and the vendor is sued for negligence, the defense that might best be used is A) Assumption of risk. This defense argues that the plaintiff knew the risk associated with consuming raw and potentially unrefrigerated seafood and voluntarily chose to take that risk. It's a common legal defense used in cases where the injury is tied to an activity with known risks, and it could be argued that eating unrefrigerated street food carries a certain level of expected risk.
Some potential hazards of consuming raw or improperly stored seafood include exposure to foodborne pathogens such as Vibrio, a bacterium that can contaminate fish or shellfish, leading to illness. In the case at hand, consuming raw oysters that were not kept refrigerated significantly increases the risk of such an illness. When individuals choose to eat street food, especially unrefrigerated seafood, they may be seen as having assumed the risk of possible foodborne illness.