Case Study: Welge V. Planter's Lifesavers
Read Case 10-2, Welge v. Planters Lifesavers, on page 243. 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 (Herron, 2011). Under the strict product liability theory, K-Mart (seller) would be held liable for defects in their products even if those defects were not introduced by them; also for failing to discover them during production (Herron, 2011). What are the judge’s reasons for reversing the decisions of the lower court? The judge’s reasons for reversing the decisions of the lower court, was based on the fact the plaintiff could provide the following: 1-The Product was defective when sold. The plaintiff expressed to the judge that from the very moment it was purchased and its arrival to the house it had not been dropped and placed on top of the refrigerator. That a week after purchasing the jar of …show more content…
Why or why not? Yes I agree with the judge decision, since there was a similar case where the judge found a defendant negligent when sulphuric acid in a defective jug broke and caused acid to pour over the consumer, resulting injury and damages to her furniture and floors of her home. The judge used the strict product liability theory in the case of Mabee V. Sutliff & Case CO., INC. 1-The Product was defective when sold. Mrs. Mabee ordered two-one gallon glass jugs of sulphuric acid, which were delivered to her front door. While Mrs. Mabee carried the jugs from the front door toward the back of the house, one of the jugs shattered and spilled on her body and on the dining room floor and furniture, causing severe damage. 2 & 3 -The Product was so defective that the product was unreasonably dangerous and cause the plaintiff’s injury. It was evident the product was defective since as soon the jugs were handed over to Mrs. Mabee by the delivery driver, the jugs shattered causing injury instantly. Jeanny
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Liebeck V Mcdonald's Tort Case Summary
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Part 2: Occupiers Liability In Australia
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