Burleson v. RSR Grp. Fla., Inc. - 981 So. 2d 1109 (Ala. 2007)

Rule:

A plaintiff cannot recover in a negligence action where the plaintiff's own negligence is shown to have proximately contributed to his damage, notwithstanding a showing of negligence on the part of the defendant. Likewise, a plaintiff's contributory negligence will preclude recovery in an Alabama Extended Manufacturer's Liability Doctrine, Ala. Code § 6-5-500 et seq. case. The question of contributory negligence is normally one for the jury. However, where the facts are such that all reasonable persons must reach the same conclusion, contributory negligence may be found as a matter of law.

Facts:

Decedent, Stanley Duane Burleson, obtained a certain firearm from a retail firearms dealer who had bought it from the defendant distributor, RSR Group Florida, Inc. The firearm held six cartridges in its cylinder. To fire it, the hammer had to be manually placed in the "full ***" position and the trigger had to be pulled. Decedent was hanging the firearm in its holster in a gun rack at his house when it fell from the holster, struck a desk, and discharged. Decedent was fatally wounded. Evidence indicated that decedent had a rule that firearms in his house be stored unloaded and that decedent was very safety conscious. However, the evidence also showed that the gun fired because the manual safety was disengaged, and a cartridge was chambered in line with the hammer and the firing pin. The estate representatives sued the defendant distributor pursuant to the Alabama Extended Manufacturer's Liability Doctrine, Ala. Code § 6-5-500 et seq.; the defendant distributor sought summary judgment. The trial court granted the distributor's summary judgment motion. The estate representatives appealed.

Issue:

Should the defendant distributor be held liable for damages pursuant to the Alabama Extended Manufacturer's Liability Doctrine?  

Answer:

No.

Conclusion:

On appeal, the state supreme court held that the decedent placed himself in danger’s way by handling the revolver with the manual safety disengaged and with a cartridge chambered in line with the hammer and the firing pin. Furthermore, the court held that a safety-conscious gun owner such as decedent should have appreciated the danger associated with handling a loaded firearm that was ready to be fired. Accordingly, decedent’s own contributory negligence barred the plaintiffs' recovery in this case.