R and C PRODUCTS PTY LTD v EVANS [1991] NSWCA 229

R and C PRODUCTS PTY LTD v EVANS [1991] NSWCA 229

The manufacturer’s failure to warn about the potential harmful effects of Aura detergent amounted to negligence, and the evidence supported that this negligence triggered a permanent or indefinite eczema condition in the respondent, justifying the damages awarded.

Parties
Appellant: R and C PRODUCTS PTY LTD; Respondent: Evans
Jurisdiction
Australia
Judgment Date
04 February 1991
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Damages, Negligence, Causation, Product Liability
Tort Law Damages Negligence Causation Product Liability

Case Brief

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Parties

R and C PRODUCTS PTY LTD

Appellant

Evans

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether damages awarded to the respondent were excessive in light of causation between product use and ongoing skin condition
  2. 2 Whether appellant's negligence caused a permanent or indefinite skin condition

Ratio Decidendi

The manufacturer’s failure to warn about the potential harmful effects of Aura detergent amounted to negligence, and the evidence supported that this negligence triggered a permanent or indefinite eczema condition in the respondent, justifying the damages awarded.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs