Brief Fact Summary. Linegar was shot and killed while wearing a bulletproof vest manufactured by Armour of America (Defendant). The bullets shot from the gun, struck Plaintiff in parts of the body not covered by the vest.
Synopsis of Rule of Law. The article sold must be dangerous to an extent beyond that, which would be contemplated by the ordinary consumer who purchases it, and who has the ordinary knowledge common of the community as to its characteristics.
Issue. Is Defendant liable to Plaintiffs for an obvious feature on a bulletproof vest manufactured by Defendant and worn by Plaintiff?
Held. No. Judgment reversed.
* To recover under a theory of strict liability in tort for defective design, a party must prove the following elements: (1) the defendant sold the product in the course of its business; (2) the product was then in a defective condition, unreasonably dangerous when put to a reasonably anticipated use; (3) the product was used in a manner reasonably anticipated; and (4) the plaintiff was damaged as a direct result of such defective condition as existed when the product was sold. In this case the court concluded that the product was not defective or unreasonably dangerous as is required in the second element of defective design.
* Whether a product is unreasonably dangerous is largely a matter of common sense. It defies logic, however, to suggest that Defendant reasonably should have anticipated that anyone would wear its vest for protection of areas of the body that the vest obviously did not cover.
* The court has also adopted the “consumer expectation” test for unreasonably dangerous products: “[t]he article sold must be dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to is characteristics.”
* In this case, the court had no difficult in concluding as a matter of law that the vest was neither defective nor unreasonably dangerous. The vest preformed exactly as expected and stopped all bullets that hit it.
* The highway patrol could have chosen to buy, and Defendant could have chosen to sell, a vest with more coverage. But it is not the job of the courts to impose set specifications on what parts of the body a bulletproof vest must cover.
The concept of unreasonable danger is determinative of whether a product is defective and is presented to the jury as an ultimate issue without further definition.View Full Point of Law