Martin v. Harrington And Richardson, Inc.

743 F.2d 1200 (7th Cir. 1984)

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Nature of the Case

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Facts

Donovan and James Barnes shot and killed Larry Martin and wounded Kenneth Jackson. Ps brought suit against D, the manufacturer of the gun used alleging that the gun was an unreasonably dangerous product and that D was therefore strictly liable for the damage caused by the weapon. Products liability requires a defect of some sort in the gun, a claim that Ps expressly disavow. Ps claim that D's liability stems solely from 'the manufacture of an inherently dangerous, nondefective instrument.' P's claim that manufacturing and selling handguns to the public is an ultrahazardous activity that gives rise to strict liability for any damage done by the guns. The district court dismissed after finding: There is no case or statutory law demonstrating that such a cause of action exists in Illinois, and we decline to create such a new cause of action. It held that a manufacturer of a nondefective handgun is not liable for injury caused by the use of the gun, whether that use is lawful or unlawful. Ps appealed.