Kelley v. R.G. Industries, Inc.

Citation. 497 A.2d 1143 (Md. App. 1985)

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Citation497 A.2d 1143 (Md. App. 1985)

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.

Points of Law - Legal Principles in this Case for Law Students.

A product is defective if it is dangerous because it fails to perform in the manner reasonably to be expected in light of its nature and intended function.

View Full Point of Law

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.