Abney v. Crosman Corp.

Summary

The Supreme Court of Alabama affirmed summary judgments for Crosman Corporation and Owens True Value Hardware in a wrongful-death action arising from the fatal shooting of a child with a pneumatic air rifle. The court held that the rifle's lethal danger was open and obvious to both the purchaser and the intended user, eliminating any duty to warn under negligence principles and providing a complete affirmative defense under the Alabama Extended Manufacturer's Liability Doctrine.

Holdings

1. Neither Crosman nor Owens had a duty to warn because the danger that the air rifle could inflict a lethal injury was open and obvious to both Plezarius, the intended user, and Rabb, the purchaser.
2. Summary judgment for Crosman and Owens was proper because Abney failed to present substantial evidence creating a genuine issue of material fact concerning the defendants' duty to warn.
3. Because the danger was open and obvious, the defendants had a complete affirmative defense to Abney's AEMLD claim.

Questions Presented

1. Whether Crosman and Owens had a duty to warn the purchaser or user that the air rifle could kill a person.
2. Whether the defendants were entitled to summary judgment on Abney's negligent and wanton failure-to-warn claims.
3. Whether the defendants had a complete affirmative defense under the Alabama Extended Manufacturer's Liability Doctrine because the danger was open and obvious.

Disposition

affirmed