Justice Posner used the strict product liability theory and the
doctrine of res ipsa loquitur when finding the defendant liable in this
case. There is no evidence that the jar was not defective when it left
the factory or when it was sold by K-Mart. Therefore, the judge ruled
in favor of the plaintiff. Justice Posner agreed that the reasonable
amount of pressure could not just have shattered the glass in normal
circumstances. No part of the journey from the store to home
provided evidence that the jar was damaged along the way.
I do agree with the decision that Justice Posner made due to all the
evidence. A normal glass jar won't just shatter by normal use. It is
inside a house on top of a fridge and nothing was evident that it was
damaged from the trip to the store. This has to mean that the jar was
defective during the manufacturing process or along the way to K-
mart to be sold.
References
Kubasek, N. K., Browne, M. N., Dhooge, L. J., Herron, D. J., &
Barkacs, L., (2020). Theories of Liability for Defective Products.
McGraw-Hill Connect.
