Justice Posner used the law of strict product liability to find the defendant liable. Under the strict product liability law, courts can hold manufacturers, distributors, or seller
Justice Posner used the law of strict product liability to find the defendant liable. Under the strict product liability law, courts can hold manufacturers, distributors, or sellers liable for any foreseeable injured party. This includes the buyers, buyers’ friends or family, and guests (Kubaek, N. Et. Al, 2019). The judge made his decision based on Welge & Godfrey’s testimony as it proved that the item was defective when purchased since it was not mishandled during the buyer’s possession and the product caused dangerous damage injuring Welge’s hand despite him using the required force for handling the product, and lastly his severely injured hand due to the defective product.
Personally, I don’t agree that K-mart should be the only one held liable since it could have been a manufacturer or distributor error and they should have all been held liable. The jar didn’t pose any threat until the seal was broken and used twice after that as well as being handled and transported by multiple people even if K-mart intended to inspect they would see no damage unless the product was used. This defect could have come from the manufacturer, distributor, or seller. Holding all 3 accountable will push for higher inspection and assurance of quality to avoid any other accident with their consumers
Answer the following question:
Do you agree with the decision? Why or why not?
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