NCJ Number
104956
Journal
Washington and Lee Law Review Volume: 43 Issue: 4 Dated: (Fall 1986) Pages: 1315-1349
Date Published
1986
Length
35 pages
Annotation
The Maryland Court of Appeals' decision in Kelly v. R.G. Industries, Inc., (1985) may reverse the trend of court decisions in favor of manufacturers and distributors of handguns, at least in suits by victims of 'Saturday Night Specials.'
Abstract
American courts have typically found that the criminal use of a handgun prevents plaintiffs from linking a handgun's design or distribution to the victim's injury. Only if a particular handgun has a manufacturing flaw that causes it to be particularly dangerous, such as unplanned or unpredictable firing, can a product liability claim be justified. Based upon the 'Kelley' decision, however, Maryland courts now recognize an action against Saturday Night Special manufacturers and distributors because of their products' attractiveness to criminals and because no legitimate uses for the handguns exist. The probable success of a claim under this new cause of action is clouded, however, because the precise definition of a Saturday Night Special is not clear. The 'Kelley' court offered weak evidence to support the finding that Saturday Night Special manufacturers and distributors ought to know that purchasers use these weapons principally in criminal activity. Unless and until State legislatures or the U.S. Congress adopt legislation to address the problem posed by cheap, concealable handguns, courts properly should consider holding the manufacturers and distributors of such guns strictly liable for injuries resulting from these products. The theory of liability, however, requires a better legal foundation than that proffered by the 'Kelley' court. 214 footnotes.