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Keywords

contractlawsuittortplaintiffdamagesliabilityappealstrict liabilitycommon law
contracttortplaintiffdefendantjurisdictiondamagesliabilitystatutecitizenshipstrict liability

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Morningstar v. Black and Decker Mfg. Co., 162 W.Va. 857, 253 S.E.2d 666

Facts

The plaintiffs, the Morningstars, filed a personal injury lawsuit against Black and Decker after Mr. Morningstar was injured by a defective '8-Inch Builders Sawcat' when its safety guard failed to close. Mrs. Morningstar also sued for loss of consortium. The case was certified to the Supreme Court of Appeals of West Virginia to clarify the extent of a manufacturer's liability for defective products in tort.

The plaintiffs, the Morningstars, filed a personal injury action in the District Court based on diversity of citizenship against the defendant, Black and Decker Manufacturing Company. The basis for their action is the allegation that Black and Decker manufactured an “8-Inch Builders Sawcat” and Mr. Morningstar was injured when the saw's safety guard failed to close.

Issue

The main legal issue was whether a manufacturer of a defective product is liable in tort to a person injured by that product, particularly in the absence of privity of contract.

The issue before us is whether or to what extent a third party, who has not contracted to buy the product, can recover for personal injuries occasioned by the product from the seller or manufacturer of the product in a tort action.

Rule

The court established that the cause of action for strict liability in tort allows a plaintiff to prove liability based on the defective condition of a product, and that the general test for establishing strict liability is whether the product is defective in that it is not reasonably safe for its intended use.

The cause of action covered by the term “strict liability in tort” is designed to relieve the plaintiff from proving that the manufacturer was negligent in some particular fashion during the manufacturing process and to permit proof of the defective condition of the product as the principal basis of liability.

Analysis

The court applied the rule of strict liability by determining that the Morningstars could establish liability based on the defective condition of the saw, which was not reasonably safe for its intended use. The court emphasized that the standard of reasonable safety is based on what a reasonably prudent manufacturer would have done at the time of production, rather than the specific actions of Black and Decker.

In this jurisdiction the general test for establishing strict liability in tort is whether the involved product is defective in the sense that it is not reasonably safe for its intended use.

Conclusion

The court concluded that the principles of strict liability in tort apply, allowing the Morningstars to recover damages for the injuries caused by the defective product. The court affirmed the evolution of common law principles in this area.

We conclude, therefore, that from the language of W.Va.Code, 51-1A-1, together with the conventional construction placed by other courts on similar certification statutes, this Court, in answering a certified question, must of necessity determine the present law bearing on the issue certified.

Who won?

The Morningstars prevailed in the case as the court recognized their right to recover damages under the doctrine of strict liability in tort for injuries caused by a defective product.

The Morningstars prevailed in the case as the court recognized their right to recover damages under the doctrine of strict liability in tort for injuries caused by a defective product.

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