In Case 10-2, Welge v. Planters Lifesavers, Justice Posner used strict
product liability as well as the doctrine res ipsa loquitur to find the
defended liable in this case (Kubasek, et. al, 2020, Ch. 10-2). The
judges reasoning for reversing the decision of the lower court was
because there was no reasonable doubt that the jar was damaged
after the plaintiff took home the container, thus making the plaintiff
liable. It instead, must have been damaged either during the
manufacturing process, or shipping and handling of the product to K-
Mart making K-Mart and Planters liable for the faulty container.
In this instance, I do agree with this decision. A glass jar should
normally easily withstand the forces required to snap on the lid as
designed and any failure to do so without prior weakening of the jar
by the plaintiff dropping it for example makes the manufacturer and
seller responsible for damages caused by the faulty container.
Resource:
Kubasek, N. K., Browne, M. N., Dhooge, L. J., Herron, D. J., &
Barkacs, L., (2020). Theories of Liability for Defective Products.
McGraw-Hill Connect.
