In the 10-2 Case ofWelge v. Planters,Judge Posner uses the theory of Strict Product
Liability. Under the theory of Strict Product Liability, in this case Welge had filed a suit
against the manufacturer of the peanuts and the glass in addition to the retailer, K-mart.
Due to the testimony from Welge and Godfrey, Posner concluded that there was no
reasonable possibility of the defect occurring while in their possession after purchasing the
product from K-mart. While under Welge and Godfrey there was no negligence as it was
carried home in a bad and had no incident that could have caused a defect. The product
was also stored in a manner that would not cause defect.Per the doctrine ofres ipsa
liquitur,states that the accident itself can be evidence of the liability and theory that
damage could have been done during storage was to remote to be considered substantial in
this case. I agree with Judge Posners decision due to the evidence presented in this case.
The Plaintiff had not damaged the jar in any fashion for it to become so frail that a normal
act of opening the jar caused it to shatter. Although the mention of the use of a razer blade
may bring to mind that the jar was damaged at that time, the exacto knife could not have
caused enough damaged to cause the jar to be weak enough to shatter under normal
pressure.
Reference:
Kubasek, N. K., Browne, M. N., Dhooge, L. J., Herron, D. J., & Barkacs, L., (2020).
Theories of Liability for Defective Products. McGraw-Hill Connect.
