In order to establish a prima facie case of negligence under New York law, a claimant must prove: (1) the defendant owed the plaintiff a cognizable duty of care; (2) the defendant breached that duty; and, (3) the plaintiff suffered damage as a proximate result of the breach. Stagl v. Delta Airlines, Inc., 52 F.3d 463, 467 (2d Cir. 1995).
Stagl v. Delta Airlines: Delta owed a duty to prevent bedlam at baggage carousel. Delta had an obligation to warn against foreseeable uses of property and protect patrons.But more generally: when forseeability is introduced into duty calculation, requires case by case determination of duty Q - better left to proximate cause. 1.McCarthy v. Olin. Gunman on a NY commuter train. The duty of a gun or bullet manufacturer does not extend to the protection of people who might be shot by criminals.a.Should have been handled as a legal cause issue: could the bullet manufacturer foresee as a reasonable risk of marketing this to the general public? And if reasonable people could differ, the jury should decide.2.See McCarthy v. Olin Corp., 199 F.3d 148 (2d, Cir. 1997) (case involved the 1993 Long Island Railroad shooting in which Colin Ferguson boarded a commuter train in New York City and opened fire on the passengers, using a 9mm semiautomatic handgun loaded with Winchester “Black Talon” bullets.) Id. at 151. The “Black Talon” is a hollow point bullet designed to “bend upon impact into six ninety-degree angle razor sharp petals or „talons‟ that increase the wounding power of the bullet by stretching, cutting and tearing tissue and bone as it travels through the victim.” Id. at 152. The bullet was designed by Olin Corp. for use in law enforcement,but Olin decided to market the Black Talon to the general public. Id. at 152. Due to public criticism, Olin ceased marketing to the general public one month before the killings in McCarthy occurred. Id. The evidence in McCarthy showed that Ferguson had purchased the Black Talons