Palmer v Palmer, the estate of & Ors

Palmer v Palmer, the estate of & Ors

The Klunk Klip device was a defective product under the Consumer Protection Act 1987 and at common law, as it had a tendency to induce users to introduce excessive slack into seatbelts, compromising safety. The device was inadequately tested and instructions were insufficient. The excessive slack caused by the device was the most probable cause of the claimant's injuries.

Parties
Claimant: Kylie Palmer; First Defendant: The Estate of Kevin Palmer, Deceased; Second Defendant: Motor Insurers’ Bureau; Third Defendant: PZ Products Limited
Jurisdiction
England and Wales
Judgment Date
04 May 2006
Procedural Posture
Civil / Liability Trial
Outcome
Liability established against the Third Defendant (PZ Products Limited) for breach of statutory and common law duty; causation proven.
Legal Topics
Defective Product, Consumer Protection Act 1987, Negligence, Causation, Road Traffic Accident
Product Liability Tort Law Defective Product Consumer Protection Act 1987 Negligence Causation Road Traffic Accident

Case Brief

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Parties

Kylie Palmer

Claimant

The Estate of Kevin Palmer, Deceased

First Defendant

Motor Insurers’ Bureau

Second Defendant

PZ Products Limited

Third Defendant

Procedural Posture

Civil / Liability Trial

Legal Issues

  1. 1 Whether the Klunk Klip device was a defective product under the Consumer Protection Act 1987
  2. 2 Whether the Klunk Klip device was negligently designed, tested, or marketed
  3. 3 Whether the Klunk Klip device caused the claimant's injuries

Ratio Decidendi

The Klunk Klip device was a defective product under the Consumer Protection Act 1987 and at common law, as it had a tendency to induce users to introduce excessive slack into seatbelts, compromising safety. The device was inadequately tested and instructions were insufficient. The excessive slack caused by the device was the most probable cause of the claimant's injuries.

Court Disposition

Liability established against the Third Defendant (PZ Products Limited) for breach of statutory and common law duty; causation proven.

Orders

  • Parties to agree the form of the order and costs; if not agreed, to attend court for determination.