Justice Posner's theory in finding the defendant liable in the
case Welge v. Planters Lifesavers is strict product liability. Under strict
product liability, the manufacturer, seller, and distributor can be
responsible if a product injures someone. Judge Posner also applied
the res ipsa loquitur theory to the case. The three elements needed
to prove res ipsa loquitur is that the defendant was in exclusive
control of the situation or instrument that caused the injury. The
injury would not have ordinarily occurred but for the defendant's
negligence, and the plaintiff's injury was not due to his action or
contribution. According to the case facts and the ruling, the plaintiff
was found not to be negligent. The was no indication that the
product was defective when it left the manufacturing plant or when
it left the seller.
The issue I have with this case is that the plaintiff used an Exacto
knife to cut the bar code from the jar. Even the slightest scratch on a
glass jar can weaken it and make it prone to break. However, there
was no mention of that in the Judge's summary, which makes me
think that was a nonissue.
