Kelley v. R.G. Industries, Inc.

Brief Fact Summary.

Kelley filed a tort suit against R.G. Industries, Inc. after being shot during the robbery of a store.

Synopsis of Rule of Law.

A defendant can be held strictly liable for an activity that is abnormally dangerous in relation to the area that the activity occurs.

Facts.

Kelley was shot while he was working in a store in Maryland. The gun that was used was assembled by R.G. Industries, Inc. (R.G.). Kelley filed a tort suit against R.G. Industries, Inc. after being shot during the robbery of a store.

Issue.

Whether adefendant can be held strictly liable for an activity that is abnormally dangerous in relation to the area that the activity occurs?

Held.

Yes. The defendants are not liable on a theory of strict liability. The manufacture and marketing of a gun is not abnormally dangerous in respect to where the activities occurred.

Discussion.

A defendant can be held strictly liable for an activity that is abnormally dangerous in relation to the area that the activity occurs. The abnormally dangerous activity only occurs where the defendant is an owner of land.