## Facts

- Donovan and James Barnes used a Harrington & Richardson, Inc. (H&R) handgun to shoot and kill Larry Martin and to wound Kenneth Jackson.
- The victims’ families sued H&R in federal court under diversity jurisdiction, applying Illinois law.
- Plaintiffs did not sue the shooters and did not claim the handgun was defectively designed or manufactured.
- Plaintiffs asserted strict liability on the theory that making and selling nondefective handguns to the public is an ultrahazardous (abnormally dangerous) activity, making the manufacturer liable for resulting harm.
- Plaintiffs made only a limited reference to negligence, but the complaint did not plead negligence and plaintiffs acknowledged H&R could not practically screen out all dangerous users other than by ceasing sales.

## Issues

1. Whether Illinois law imposes strict liability on a manufacturer of a nondefective handgun on the theory that manufacturing and selling handguns is an ultrahazardous activity.
2. Whether a federal court applying Illinois law in diversity may recognize such a new state-law cause of action absent supporting Illinois case or statutory law.

## Decision

- The Seventh Circuit affirmed dismissal for failure to state a claim.
- The court held Illinois law does not recognize strict liability against a gun manufacturer for injuries caused by criminal misuse of a nondefective handgun.
- The court declined to create a new Illinois cause of action treating lawful handgun manufacture and sale as an ultrahazardous activity.

## Legal Principles

- Illinois strict products liability requires a defect; strict liability does not attach merely because a product is dangerous when used as intended.
- Illinois ultrahazardous-activity strict liability has been applied to activities such as blasting, where risk cannot be eliminated through due care; it does not extend, without Illinois authority, to ordinary lawful manufacture and sale of nondefective products.
- In diversity cases, federal courts generally will not expand state tort law by recognizing novel causes of action lacking support in the state’s courts or legislature.
- Harm caused by third-party criminal misuse of a nondefective product, without a pleaded defect or negligence theory, does not establish manufacturer strict liability under Illinois law.

## Conclusion

The Seventh Circuit held that Illinois law does not treat the lawful manufacture and sale of nondefective handguns as an ultrahazardous activity and therefore does not impose strict liability on the manufacturer for criminal shootings committed by third parties; the complaint was properly dismissed.


Martin v. Harrington & Richardson, Inc., 743 F.2d 1200 (7th Cir. 1984)