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. a 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. a 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.
