Baker v KTM Sportmotorcycle UK Ltd & Anor [2017] EWCA Civ 378 (03 May 2017)

Baker v KTM Sportmotorcycle UK Ltd & Anor [2017] EWCA Civ 378 (03 May 2017)

The susceptibility of the motorcycle's braking system to galvanic corrosion after limited, normal use and proper maintenance constituted a defect under section 3 of the Consumer Protection Act 1987. It was not necessary to identify the precise nature of the defect; the fact that such corrosion occurred in these circumstances was sufficient to infer a defect. The defect caused the accident and resulting injury.

Citation
[2017] EWCA Civ 378
Parties
Respondent/claimant: Baker; Appellant/respondent: KTM Sportmotorcycle UK Ltd & Anr
Jurisdiction
England and Wales
Judgment Date
03 May 2017
Procedural Posture
Civil Appeal / Appeal From Trial Judgment
Outcome
Appeal dismissed
Legal Topics
Defective Products, Consumer Protection Act 1987, Design Defect, Manufacturing Defect, Causation, Standard of Proof
Product Liability Consumer Protection Personal Injury Defective Products Consumer Protection Act 1987 Design Defect Manufacturing Defect Causation +1 more

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Parties

Baker

Respondent/claimant

KTM Sportmotorcycle UK Ltd & Anr

Appellant/respondent

Procedural Posture

Civil Appeal / Appeal From Trial Judgment

Legal Issues

  1. 1 Whether galvanic corrosion in the motorcycle's braking system constituted a defect under section 3 of the Consumer Protection Act 1987
  2. 2 Whether the defect caused the accident and injury
  3. 3 Whether it was necessary to prove the precise mechanism or specific design/manufacturing defect

Ratio Decidendi

The susceptibility of the motorcycle's braking system to galvanic corrosion after limited, normal use and proper maintenance constituted a defect under section 3 of the Consumer Protection Act 1987. It was not necessary to identify the precise nature of the defect; the fact that such corrosion occurred in these circumstances was sufficient to infer a defect. The defect caused the accident and resulting injury.

Court Disposition

Appeal dismissed

Orders

  • Costs of and occasioned by the appeal to be paid by the appellant to the respondent, to be assessed by detailed assessment if not agreed