Burleson v. RSR Group Florida, Inc.
Supreme Court of Alabama
82 So. 3d 1000 (Ala. 2011)
Stanley Burleson bought a revolver that passed through Sportarms of Florida, RSR Wholesale Guns, and The Trading Post (defendants) before reaching him; the revolver could fire if its manual safety was disengaged, the hammer rested against the firing pin, and force was applied to the hammer's back. Though generally safety-conscious and known to store firearms unloaded, Burleson was killed when the revolver fell from its holster while he hung it on a gun rack, striking a desk and firing a bullet into his stomach; his estate sued the manufacturer and distributors for negligence, and RSR moved for summary judgment on contributory negligence, arguing Burleson had consciously appreciated the danger of handling the loaded, safety-off revolver.
Whether summary judgment on contributory negligence is appropriate when a defendant shows the plaintiff put himself in harm's way with a conscious appreciation of the specific danger at the moment of the incident.