MacPherson v. Buick Motor Co

In MacPherson v. Buick Motor Co. (217 N.Y. 382 [1916]), the Court of Appeals was asked to determine whether the manufacturer of an automobile owed a duty of care in its manufacture to anyone but the immediate purchaser from the manufacturer. Recognizing that an automobile "when negligently made . . . is . . . a thing of danger", "if to the element of danger there is added knowledge that the thing will be used by persons other than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully." (Id., at 389.) "There must . . . be knowledge that in the usual course of events the danger will be shared by others than the buyer . . . The proximity or remoteness of the relation is a factor to be considered." (Id., at 389-90.) Absence of the juridical relationship of privity, a "relation" created by the knowledge that "the danger will be shared" would establish duty.