McCarthy v. Olin Corp.

United States Court of Appeals for the Second Circuit · Torts

TortsStrict Products LiabilityNegligenceDutyDesign DefectCertificationBlack Talon ammunitiondesign defect

Facts

Colin Ferguson used a 9mm semiautomatic handgun loaded with Winchester Black Talon hollowpoint bullets in the December 7, 1993 Long Island Railroad shooting. Plaintiffs alleged their injuries were enhanced because Black Talon bullets were designed to expand on impact into sharp petals that cut and tear tissue and bone. Olin designed and manufactured the bullets, originally for law enforcement, but sold them to the general public until withdrawing them from that market in November 1993. Plaintiffs claimed Olin was liable for negligent manufacture and marketing and for strict liability based on allegedly dangerous design.

Issue

Whether, under New York law, an ammunition manufacturer can be held strictly liable because Black Talon bullets were allegedly defectively designed or inherently dangerous, and whether the manufacturer owed a duty in negligence to victims injured by a third party's criminal misuse of that ammunition. The court also considered whether these questions should be certified to the New York Court of Appeals.

Rule

Under New York law, a design-defect claim requires allegations that the product was unreasonably dangerous for its intended use because of a defect in the product's condition, not merely because its intended function is dangerous. Risk-utility analysis does not apply unless there is first 'something wrong' with the product. New York also does not impose on manufacturers a duty to control the lawful distribution of a non-defective product so as to protect the public from criminal misuse by third parties absent an applicable exception or special relationship.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Buffalo, Orion Munitions sells a rifle round designed to fragment on impact and create wider wound channels. During a lawful hunting trip, Evan Cole accidentally shoots Nolan Pierce, who sues Orion alleging the round is defectively designed because it causes more tissue destruction than conventional ammunition.

Under New York law as applied by the majority opinion, Nolan's design-defect claim will most likely

Explanation. A design-defect claim requires a defect in the product's condition making it unreasonably dangerous for intended use. Where the product performs exactly as designed and its dangerous performance is its intrinsic function, there is no design defect. The majority rejected liability based solely on the fact that the product effectively causes severe injury. (Derived from McCarthy v. Olin Corp. (n.d.).)