Hartman v. Ebsco Indus., Inc.

In 1994 Hartman’s father gave him a muzzle-loading rifle that was designed to use black powder as a propellant. The gun ignited newer, pelletized propellants erratically. In 2008, Hartman installed a kit on his gun. The kit was sold by KR Warranty, the maker of the rifle; it modified the muzzleloader and enabled it to ignite new propellants more reliably. The next day, Hartman was sighting in his “upgraded” muzzleloader when the gun unexpectedly discharged as he was trying to load it. The ramrod and a patched round ball passed through Hartman’s hands and arm, inflicting serious injury. Hartman sued KR for negligence and strict liability. The district court dismissed. Indiana has a 10-year statute of repose for products-liability actions and the gun was 14 years old. The Seventh Circuit affirmed. There are exceptions to the statute, for “any reconstruction or reconditioning … which has the effect of lengthening the useful life of a product beyond what was contemplated when the product was first sold” and for situations where a manufacturer “merely … incorporat[es] a defective component into an old product.” Hartman cannot satisfy either exception. View "Hartman v. Ebsco Indus., Inc." on Justia Law