Divya & Ors v Toyo Tire and Rubber Co. Ltd (t/a Toyo Tires of Japan) & Anor

Divya & Ors v Toyo Tire and Rubber Co. Ltd (t/a Toyo Tires of Japan) & Anor

The accident was caused by a manufacturing defect in the tyre, specifically incomplete bonding of the steel cords due to inadequate penetration by rubber and/or improper curing. This defect was the result of negligence by the first defendant in the manufacturing process, as the defect would not have occurred if reasonable care had been exercised. The second defendant was not negligent.

Parties
Claimant: Ms Joshi Divya; Claimant: Ms Monika Madan; Claimant: Mr Dharmendra Joshi; Claimant: Ms Raksha Sanganee; Claimant: Mr Sivanantharajah Kandriah; First Defendant: Toyo Tire and Rubber Co. Ltd (t/a Toyo Tires of Japan); Second Defendant: Mr Kathirgamathan Paranirupasingham
Jurisdiction
England and Wales
Judgment Date
27 July 2011
Procedural Posture
Common Law Negligence Claim (product Liability, Personal Injury) / Judgment on Primary Liability
Outcome
Judgment for the claimants against the first defendant; second defendant acquitted of negligence.
Legal Topics
Negligence, Manufacturing Defect, Standard of Care, Inference of Negligence, Expert Evidence
Tort Law Product Liability Personal Injury Negligence Manufacturing Defect Standard of Care Inference of Negligence Expert Evidence

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Parties

Ms Joshi Divya

Claimant

Ms Monika Madan

Claimant

Mr Dharmendra Joshi

Claimant

Ms Raksha Sanganee

Claimant

Mr Sivanantharajah Kandriah

Claimant

Toyo Tire and Rubber Co. Ltd (t/a Toyo Tires of Japan)

First Defendant

Mr Kathirgamathan Paranirupasingham

Second Defendant

Procedural Posture

Common Law Negligence Claim (product Liability, Personal Injury) / Judgment on Primary Liability

Legal Issues

  1. 1 Whether the accident was caused by a manufacturing defect in the tyre produced by the first defendant
  2. 2 Whether the first defendant was negligent in the manufacture of the tyre
  3. 3 Whether the second defendant was negligent in the operation of the vehicle

Ratio Decidendi

The accident was caused by a manufacturing defect in the tyre, specifically incomplete bonding of the steel cords due to inadequate penetration by rubber and/or improper curing. This defect was the result of negligence by the first defendant in the manufacturing process, as the defect would not have occurred if reasonable care had been exercised. The second defendant was not negligent.

Court Disposition

Judgment for the claimants against the first defendant; second defendant acquitted of negligence.

Orders

  • First defendant found liable in negligence for the accident.
  • Second defendant acquitted of all allegations of negligence.