MacPherson v. Buick
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|MacPherson v. Buick|
|Court||Court of Appeals of New York|
MacPherson sued Buick, the automobile manufacturer, in a NY state court.
MacPherson lost, but the NY Appellate Division reversed the decision.At the 2nd trial, MacPherson won a judgment of $5,000.
Does the manufacturer of a product owe a duty of care to anyone other than the initial purchaser?
Yes. The manufacturer of a product owes a duty of care to users than the initial purchaser (here the car dealership).
Duty of care for car manufacturers extends to later users if:
- the product is reasonably likely to create a danger if it's negligently manufactured
- the product will be used by people other than the original purchaser & without additional testing.