What theory of liability did Justice Posner use in finding the
defendant liable?
Judge Posner used the strict product liability theory in finding the
defendant liable. The strict liability rule states that a seller,
distributor, or manufacturer of a defective product is liable for
another person’s injuries – regardless of whatever action he or she
took to make sure the product’s defect never happened(“What is
Strict Product Liability?” n.d.). Strict liability focuses on the product.
What are the judge's reasons for reversing the decisions of the lower
court?
Three things had to be proven
1. The product was defective when sold
. Justice Posner stated determined the product was
defective when sold. a The judge stated “No doubt there
are men strong enough to shatter a thick glass jar with one
blow. But Welge’s testimony stands uncontradicted that
he used no more than the normal force that one exerts in
snapping a plastic lid onto a jar. So, the jar must have been
defective. Justice Posner also stated “If it is the kind of
accident that would not have occurred but for a defect in
the product, and if it is reasonably plain that the defect
was not introduced after the product was sold, the
accident is evidence that the product was defective when
sold.
2. The product was so defective it was considered unreasonably
dangerous.
. Judge Posner commented, the probability of such damage
is too remote. It is not only too remote to make a rational
person take measures to prevent it; it is too remote to
defeat a product liability suit should a container prove
dangerously defective.
3. The product was the cause of plaintiff injury
. The plaintiff received an injury due to the product
(Kubasek, Browne, Dhooge, Herron, & Barkacs, 2020)
Do you agree with the decision? Why or why not?
Yes, I agree because I believe the seller / manufacture or supplier
should be held responsible for injuries that is caused by defective
product regardless of when the defect was introduced during the
manufacturing or selling of those goods. Its not up to the Plaintiff to
prove which vender in the manufacturing chain caused the defect. I
believe the burden of proof lies with the defendants to prove their
product was not defective when it was sold.
Kubasek, N. K., Browne, M. N., Dhooge, L. J., Herron, D. J., & Barkacs,
L. L. (2020). Dynamic Business Law (fifth). New York, Ny: Mcgraw-Hill
Education.
What is Strict Product Liability? (n.d.). Retrieved from Shoop | A
Professional Law Corporation website:
https://www.losangelesproductliabilityfirm.com/blog/2016/may/wh
at-is-strict-product-liability-
/#:~:text=In%20product%20liability%20claims%2C%20the
