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Macpherson v. Buick Motor Co., 111 N.E. 1050 |
N.Y. Court of Appeals |
1916 |
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Chapter |
16 |
Title |
Products Liability |
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Page |
634 |
Topic |
Negligence assaults the citadel of privity |
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Quick Notes |
The wheels of a car were made of defective wood. The car suddenly collapsed, the buyer was thrown out and injured. Cardozo Case!!! This case abolished the privity of contract doctrine for negligence cases, a result which now [stands] in all jurisdictions. |
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Issue |
o Whether the Df owned a duty of care and vigilance to any one buy the immediate purchaser? Yes. |
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Procedure |
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Trial |
o |
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Supreme |
o Affirmed |
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Facts |
Reason |
Rules |
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o Pl - Macpherson o Df - Buick Motor Co What happened? o The wheels of a car were made of defective wood. o The car suddenly collapsed, the buyer was thrown out and injured. o The wheels were purchased from another manufacturer.
Evidence o There is evidence that the defect could have been discovered by reasonable inspection and that the inspection was omitted.
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Rule o The more probable the danger, the greater need of caution.
Reasoning (Test Argument) o The Df was responsible for the finished product. o The nature of the automobile gives warning of probable danger if its construction is defective. o The Df knew the car would be used by person other than the buyer.
Thomas v. Winchester o A poison falsely labeled is likely to injure any one who gets it. o Because the danger is to be foreseen, there is a duty to avoid the injury. o The Pl has to be a foreseeable Pl.
Devlin v. Smith o A contractor built a defective scaffold for a painter. o Danger is foreseeable. o There is a duty of care.
Statler v. Ray o Coffee urn exploded. o There is a potency of danger if negligently made
Thing of Danger (definition) o If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.
Used by persons other than the purchaser (Requirement) o If to the element of danger there is added knowledge that the thing will be used by person other than the purchaser, and used without new tests then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully.
Known danger (Requirement) o There must be knowledge of a danger, not merely possible, but probable.
Proximity of the transaction (Requirement)
The Df has to know of the danger. (Requirement)
Outcome o Affirmed o The Df was not absolved from a duty of inspection because it bought the wheels from a reputable manufacturer. o The Df was responsible for the finished product. o The more probable the danger, the greater the need for caution!!! |
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Rules |
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Rule o The more probable the danger, the greater need of caution!!!
The end user has to be a FORSEEABLE PLAINTIFF !!!
Thing of Danger (definition) o If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.
Used by persons other than the purchaser (Requirement) o If to the element of danger there is added knowledge that the thing will be used by person other than the purchaser, and used without new tests then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully.
Known danger (Requirement) o There must be knowledge of a danger, not merely possible, but probable.
Reasoning (Test Argument) o The Df was responsible for the finished product. o The nature of the automobile gives warning of probable danger if its construction is defective. o The Df knew the car would be used by person other than the buyer.
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Class Notes |
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Macpherson (Plaintiff) >> Retail Dealer >> Buick (Defendant) >> Wheel Manufacture
Thing of Danger (definition) o If the nature of a thing is such that it is reasonably certain to place life and limb in peril when negligently made, it is then a thing of danger.
Used by persons other than the purchaser (Requirement) o If to the element of danger there is added knowledge that the thing will be used by person other than the purchaser, and used without new tests then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully.
Known danger (Requirement) o There must be known of a danger, not merely possible, but probable.
Proximity of the transaction (Requirement)
The Df has to know of the danger. (Requirement)
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