Palmer v Palmer, the estate of & Ors [2006] EWHC 1284 (QB) (04 May 2006)

Palmer v Palmer, the estate of & Ors [2006] EWHC 1284 (QB) (04 May 2006)

The Klunk Klip was a defective product under the Consumer Protection Act 1987 and at common law because it was liable to misuse, introduced excessive slack into the seatbelt system, and compromised the operation of an essential safety feature. The defect was causative of the claimant's injuries on the balance of probabilities.

Citation
[2006] EWHC 1284
Parties
Claimant: Kylie Palmer (A Minor Suing by her Uncle and Litigation Friend, Raymond Berrett); First Defendant: The Estate of Kevin Palmer, Deceased; Second Defendant: The Motor Insurers' Bureau; Third Defendant: PZ Products Limited
Jurisdiction
England and Wales
Judgment Date
04 May 2006
Procedural Posture
Product Liability / Personal Injury Claim / Trial on Liability Only
Outcome
Judgment for the claimant on liability against the Third Defendant (PZ Products Limited)
Legal Topics
Defective Products, Consumer Protection Act 1987, Causation, Negligence, Strict Liability, Seatbelt Safety Devices
Tort Law Product Liability Personal Injury Defective Products Consumer Protection Act 1987 Causation Negligence Strict Liability +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Kylie Palmer (A Minor Suing by her Uncle and Litigation Friend, Raymond Berrett)

Claimant

The Estate of Kevin Palmer, Deceased

First Defendant

The Motor Insurers' Bureau

Second Defendant

PZ Products Limited

Third Defendant

Procedural Posture

Product Liability / Personal Injury Claim / Trial on Liability Only

Legal Issues

  1. 1 Whether the Klunk Klip device was a defective product under the Consumer Protection Act 1987 and/or at common law
  2. 2 Whether the defect caused or contributed to the claimant's injuries

Ratio Decidendi

The Klunk Klip was a defective product under the Consumer Protection Act 1987 and at common law because it was liable to misuse, introduced excessive slack into the seatbelt system, and compromised the operation of an essential safety feature. The defect was causative of the claimant's injuries on the balance of probabilities.

Court Disposition

Judgment for the claimant on liability against the Third Defendant (PZ Products Limited)

Orders

  • Declaration that the Klunk Klip was a defective product under the Consumer Protection Act 1987 and at common law
  • Third Defendant liable for damages to be assessed