BUS 307 Week 2 Discussion post 1
What theory of liability did Justice Posner use in finding the defendant liable? What are the judge’s reasons for reversing the decisions of the lower court? Do you agree with the decision? Why or why not? Feel free to research and discuss other product liability cases of interest.
For this case, Justice Posner reviewed the theory of Strict Product Liability, “can be brought when a person is injured by a product with a manufacturing defect that caused that product to be unreasonably dangerous” (Kubasek et al., 2017). He overturned the appeal in favor of the plaintiff, due to Res ipsa loquitur, which basically means even though it was an accident, the defendant was negligible. The judge ruled out that the defect occurred after the product was purchased, and that it was more likely that it happened in K-mart. I do somewhat agree with the decision. I can see how the decision was made. But to me, it seems more to deal with probability than actual facts. It cannot be proven when the
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