Welge v. Planters Lifesavers Co. is a liability case and Judge Posner
used the strict product liability theory to find the defendant liable. In
this situation, Welge placed a glass jar of Planters peanuts on top of
the refrigerator after Godfrey purchased it from K-Mart. After two
weeks the jar shattered as Welge was pushing the cap to close the
jar, severely cutting his hand, and making him permanently impaired.
After the district court granted the defendant’s motion for a
summary of the judgment, Justice Posner revised the court's
decision. The parties included K-Mart, Planters, and Brockway v.
Welge.
Welge must prove the jar was defective when sold and not tampered
with to make the product defective along with showing it was
unreasonably dangerous while causing the plaintiff's injury. The
plaintiff's injury of the permanent impairment was a direct result of
glass shattering indicating it was unreasonably dangerous, which
leaves proving the jar was defective when purchasing. Justice Posner
trusts Welge's statement regarding the travel once leaving the store
and the multiple uses of opening the jar while applying proper force.
Justice Posner also does not feel it is necessary to lock up glass jars
of peanuts especially since Planters does not indicate that on the
label. These reasonings show the jar was defected when the product
was sold.
I agree with the judge's ruling that the defendants are liable. When
manufacturing a product, it is important to ensure all materials are
long lasting in all conditions especially during transit and normal use.
However, you must analyze both sides of the case to ensure the jar
was not dropped as it was on top of the refrigerator while opening
the door. The plaintiff could have tried to catch the jar as it was
falling, or it dropped and shatter while opening the door on the
plaintiff’s hand. Which is considered poor placement and would clear
the defendant on the "faulty jar". This case should only between the
consumer and manufacturing company, K-Mart is the middleman
who supplies the product, not someone who manufactures it
therefore I do not think K-Mart is responsible.
Reference
Kubasek, N., Browne, M. N., Dhooge, L. J., Herron, D. J., Williamson,
C., & Barkacs, L. L.
(2020). Dynamic business law (5th ed.)
