Strict product liability and the doctrine of res ipsa loquitar (the occurrence of
an accident implies negligence) were both used by Justice Posner when
finding the defendant liable in this case. Both of these are proven because
there was no evidence provided that could lead the justice to believe that the
jar of peanuts was not defective when it left the factory or when it was sold at
K-Mart. #Since there was no evidence to show that the plaintiff was negligent
in the use of the product and showed this by walking through the steps taken
from picking the jar up from the shelf at the store, through check out, the
drive home up until the incident occurred. There was no other option but to
side with the plaintiff.
I agree with Justice Posner’s decision because there was no evidence of
misuse or mishandling on the plaintiff’s part. A jar that is not defective or
damaged in the manufacturing and distribution process should not break
during normal use, such as replacing the cap.# The evidence or lack of
evidence shows that there is more than likely liability on the defendants' part
as they endangered their customers by producing subpar products.
