The theory of liability used is the doctrine of res ipsa loquitar. This
theory states that an incident cannot occur unless there is negligible
usage occuring by the consumer. Justice Posner doesn't think that
the normal pressure that is applied while handling this type of jar
could have cause the jar to shatter. This jar was pointed out to have
made it from the manufacturer to the store, then to the defendants
home. Had this glass jar been defective it would have broken far
before this incident occurred. This can conclude that the likelihood of
the jar being defective is very small. I do agree with the judge. If this
jar had any sort of factory defect, the amount of times it had been
jostled around in all transports, would have made this jar break
already. This means some sort of negligence occurred from purchase
to the defendants home.
