Culpepper v. Hermann Weihrauch KG
United States District Court for the Middle District of Alabama
991 F. Supp. 1397 (1997)
Relevant factsFree
Culpepper (plaintiff) was seriously wounded when her handgun, made by Weihrauch (defendant), fired after she dropped it while carrying groceries and her purse; she sued alleging design and manufacturing defects in the gun's hammerlock safety, and Weihrauch raised contributory negligence, assumption of risk, and product misuse as affirmative defenses without presenting evidence that Culpepper had actually misused the hammerlock.
IssueFree
Whether a defendant can raise the affirmative defense of contributory negligence if a plaintiff failed to employ reasonable care in using a product.