Welge v. Planters Lifesavers Co. - 17 F.3d 209 (7th Cir. 1994)

Rule:

The strict-liability element in modern products liability law comes precisely from the fact that a seller subject to that law is liable for defects in his product even if those defects were introduced, without the slightest fault of his own for failing to discover them, at some anterior stage of production.

Facts:

Plaintiff Richard Welge cut his hand and was left with permanent impairment when a jar of peanuts shattered as he was replacing its cap. He filed a products liability action against defendant corporations, the seller, the manufacturer of the product, and the manufacturer of the glass jar. Defendants filed a motion for summary judgment, which the trial court granted on the ground that the consumer had failed to exclude possible causes of the accident other than a defect introduced during the manufacturing process. Plaintiff appealed the decision, and defendants argued as defenses misuse and the possibility that the defect could have occurred while in the consumer's possession.

Issue:

Under the circumstances, should the defendants be held liable for the plaintiff’s injury?

Answer:

Yes.

Conclusion:

The court reversed the decision and remanded the case, holding that a seller who was subject to strict products liability was responsible for the consequences of selling a defective product even if the defect was introduced without any fault on his part by his supplier or by his supplier's supplier. The court held that misuse was no defense, the accident was not due to mishandling after purchase, and the probability that the defect was introduced by one of the corporations was very high.