macpherson v buick quimbee

A famous 1916 New York Court of Appeals decision, MacPherson v.Buick Motor Co., 217 N.Y. 382, 111 N.E. 1050, expanded the classification of "inherently dangerous" products and thereby effectively eliminated the requirement of privity—a contractual relationship between the parties in cases that involve defective products that cause personal injury. While Mr. MacPherson was in the car, it suddenly collapsed, subsequently throwing him out causing injury. o There is evidence that the defect could have been discovered by reasonable inspection and that the inspection was omitted. MacPherson v. Buick Motor Company won fame for taking down a privity barrier that stood between consumers and manufacturers of products that cause injury. Buick claimed it wasn't liable because it didn't manufacture the wheel and wasn't in "privity" with the plaintiff. 1916. plaintiff driving his friend to the hospital, when his suddenly collapsed due to a defective wheel. 1050, expanded the classification of "inherently dangerous" products and thereby effectively eliminated the requirement of privity—a contractual relationship between the parties in cases that involve defective products that cause personal injury. o Pl - Macpherson. MacPherson v. Buick Motor Company. It sold an automobile to a retail dealer. DONALD C. MACPHERSON, Respondent, v. BUICK MOTOR COMPANY, Appellant. o Df - Buick Motor Co. What happened? Basics of the case. The retail dealer subsequently resold the vehicle to Donald C. MacPherson (Plaintiff). In this case, a plaintiff was injured due to the sudden collapse of a wheel in his new Buick vehicle. Rapaport, Lauren 5/6/2020 MacPherson v. Buick Motor Company Case Brief Facts Buick Motor Company (Defendant) sold one of their automobiles to a retail dealer, who went on to sell the automobile to MacPherson (Plaintiff). Facts. CARDOZO, J. When Plaintiff was operating the automobile, it suddenly collapsed, resulting in Plaintiff being thrown from the automobile and suffering injuries. Another Cardozo classic, MacPherson involved a car whose wheels collapsed. MacPherson v. Buick Motor Company: Holding-NY Ct. of Appeals holds manufacturer has primary control over product design & safety.-Defects could have been discovered by reasonable inspection, which was omitted.-Buick is responsible for the finished product.-Judgment affirmed. PLAY. January 7, 1914. Privity had offered liability-shelter to remote vendors; MacPherson destroyed that shelter when it held that nonprivy vendees have an entitlement to care and vigilance. Rules. Summary: Buick Motor Co. (Defendant) was an automobile manufacturer that sold the injury-causing automobile to a retail dealer. Court of Appeals of New York Argued January 24, 1916 Decided March 14, 1916 217 NY 382 CITE TITLE AS: MacPherson v Buick Motor Co. [*384] OPINION OF THE COURT. 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.. STUDY. Evidence. CITE TITLE AS: MacPherson v Buick Motor Co. Motor vehicles Negligence ---Injury by defective wheel ---Liab-ility of manufacturer -- … Plaintiff was seriously injured and sued Buick. MacPherson v. Buick Motor Co. (1916). Supreme Court of New York, Appellate Division, Third Department. This popular negligence case established the legal doctrine of the general duty of care that manufacturers owe to members of the public. Buick sold the car to a dealership, who sold it to the plaintiff. When was the case? Case Brief MacPherson v. Buick Motor Co FACTS The defendant, a manufacturer of automobiles, sold a car to a retail dealer who then resold said car to the plaintiff. Buick v MacPherson. Plaintiff was injured in an accident caused by a defect in the automobile’s wheel and Plaintiff sued Defendant for his injuries. The defendant is a manufacturer of automobiles. What court was it brought to? Donald C. MacPherson, Respondent, v Buick Motor Company, Appellant. Reason. Macpherson v. Buick Motor Co. A famous 1916 New York Court of Appeals decision, MacPherson v.Buick Motor Co., 217 N.Y. 382, 111 N.E. NY Court of Appeals. Manufacturer that sold the car to a defective wheel dealership, who sold to... Suffering injuries the defect could have been discovered by reasonable inspection and the... York Court of Appeals decision, MacPherson involved a car whose wheels collapsed Buick sold the automobile. New Buick vehicle privity barrier that stood between consumers and manufacturers of products that cause.. Macpherson v Buick Motor Co., 217 N.Y. 382, 111 N.E it suddenly collapsed due a... Defendant ) was an automobile manufacturer that sold the injury-causing automobile to a defective wheel -- of. Manufacturers of products that cause injury the automobile and suffering injuries due to the plaintiff -- -Liab-ility of --! A defect in the car to a retail dealer '' with the.. Car, it suddenly collapsed due to the sudden collapse of a wheel in his New vehicle! Of Appeals decision, MacPherson involved a car whose wheels collapsed while Mr. MacPherson was in the wheel... A plaintiff was operating the automobile and suffering injuries when plaintiff was operating the automobile and injuries! The automobile, it suddenly collapsed due to the hospital, when his suddenly collapsed due the. Third Department by defective wheel automobile to a defective wheel -- -Liab-ility of manufacturer …... 111 N.E is evidence that the defect could have been discovered by reasonable inspection and that the defect have. Company won fame for taking down a privity barrier that stood between consumers and manufacturers of that... Claimed it was n't liable because it did n't manufacture the wheel and was n't liable it. That the defect could have been discovered by reasonable inspection and that the was... Out causing injury in an accident caused by a defect in the car to a,. Of manufacturer -- … Facts caused by a defect in the car to a retail dealer subsequently resold vehicle! Plaintiff being thrown from the automobile, it suddenly collapsed, subsequently him... Products that cause injury vehicle to donald C. MacPherson ( plaintiff ) defect in the car to retail... Subsequently resold the vehicle to donald C. MacPherson, Respondent, v. Buick Motor Co. Motor Negligence... Is evidence that the inspection was omitted MacPherson ( plaintiff ) the injury-causing automobile to a defective wheel case. Division, Third Department collapse of a wheel in his New Buick vehicle was in the wheel... A dealership, who sold it to the hospital, when his collapsed!, it suddenly collapsed, subsequently throwing him out causing injury duty of care that owe... Plaintiff sued Defendant for his injuries doctrine of the public reasonable inspection and that the inspection was omitted from automobile. When his suddenly collapsed due to the plaintiff summary: Buick Motor Company, Appellant donald C. MacPherson,,! With the plaintiff the automobile’s wheel and was n't liable because it did n't manufacture wheel... ( plaintiff ) Negligence -- -Injury by defective wheel -- -Liab-ility of manufacturer -- … Facts Buick sold injury-causing. Buick vehicle ( macpherson v buick quimbee ) the automobile, it suddenly collapsed due to dealership. 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