McPherson v Buick Motor is a famous tort law case in the evolution of negligence law in particular. And what happened in that case is a guy bought a car from a car dealer, as we still do now. This was in the early 20th century.
He bought a car from a dealer, and the dealer, uh, had of course bought the car from the car manufacturer in this case, Buick Motor. And, what happened was the guy was driving his car and the wheel flew off. And he of course, had damage to his car and, and perhaps also to himself, so he sued Buick. He said, you made a bad car.
You negligently made this car. You didn't do it as carefully as you should have done.
If you had taken proper care in manufacturing this car and, and checking it out afterward, uh, then the wheel wouldn't have flown off.
And my car wouldn't have gotten wrecked. I wouldn't have had this accident. So pretty normal claim by modern negligence law standard.
But the issue in this case was that negligence law at the time arguably required what's called privity, uh, between the, the person who was injured, uh, and the person against whom the lawsuit was brought.
And so here what Buick said in defense was, well, well, don't come to us, complaining about this. Our only relationship is with the dealer. We sold the car to the dealer. If the dealer wants to come to us and complain about the quality of the car, they can do that.
But, but who are you? Who are you to come and, and talk with us?
We never had any relationship with you at all. We don't have a duty to you. And so that was Buick's argument.
And the court in resolving this, made what, what has in subsequent years become the basic rule of tort law, which is that you don't have to have privity, you don't have to have a special relationship or a particular, uh, relationship with someone for them to owe you a duty of reasonable care.
You have a duty with any foreseeable victim of your carelessness, you have a duty to them not to take careless actions that injure them. And so the court said yes, maybe historically it would've been true that you would need some sort of contractual relationship with or some sort of privity, not necessarily contract, but some sort of relationship with Buick.
But in this day and age with modern manufacturing techniques and the way products get distributed all over the place, you need to be able to sue Buick, even though you didn't have a specific relationship with them.
And so you Buick can be liable if you didn't take reasonable care in the way you manufactured this.
And you can be liable not just to the person that you immediately sold the car to, but you can be liable even to downstream victims because they are also foreseeable victims.
If you're careless you could foreseeably hurt, not just the dealer who's selling your car, but the end user, who's also buying the car from the dealer.