Saturday, August 09, 2003

Score One For Common Sense


What do you do when your loved one's flat tire leaves her in a situation where she winds up abducted and murdered?

Try to sue Ford and Firestone.

What the Nebraska Supreme Court said in response:
if Ford and...Firestone had no reason to expect intentional tortious or criminal acts by a third person, they are not liable under Nebraska law for the harm caused thereby, even though their negligence afforded the opportunity for such conduct to occur.

[the negligence in question has to do with a specific type of Firestone tire in use on the Ford Explorer said victim was driving]
We have found no authority recognizing a duty on the part of the manufacturer of a product to protect a consumer from criminal activity at the scene of a product failure where no physical harm is caused by the failure itself...
The [plaintiffs] have not and could not allege any special relationship between Ford and Firestone and the criminal actor or the victim of his crime, which would extend their duty, as manufacturers and sellers of products, to protect a consumer from harm caused by a criminal act perpetrated at the scene of a product failure.


the ruling (PDF, 17 pages)

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