Ide v ATB Sales Ltd
On the balance of probabilities, the left handlebar was defective within the meaning of section 3(1) of the Consumer Protection Act 1987, and this defect caused it to fracture during normal riding, resulting in the claimant's fall and injuries. The evidence did not support the defendant's theory that the fracture occurred as a result of the fall.
- Parties
- Claimant: Alan Peter Ide; Defendant: ATB Sales Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 17 July 2007
- Procedural Posture
- Product Liability (personal Injury) / Trial of Liability Only
- Outcome
- Liability found for the claimant
- Legal Topics
- Defective Products, Strict Liability, Consumer Protection Act 1987, Personal Injury, Burden of Proof
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Alan Peter Ide
Claimant
ATB Sales Ltd
Defendant
Procedural Posture
Product Liability (personal Injury) / Trial of Liability Only
Legal Issues
- 1 Whether the claimant's injuries were caused by a defect in the handlebar within the meaning of section 3(1) of the Consumer Protection Act 1987
- 2 Whether the handlebar fractured due to a defect or as a result of the claimant's fall
Ratio Decidendi
On the balance of probabilities, the left handlebar was defective within the meaning of section 3(1) of the Consumer Protection Act 1987, and this defect caused it to fracture during normal riding, resulting in the claimant's fall and injuries. The evidence did not support the defendant's theory that the fracture occurred as a result of the fall.
Court Disposition
Liability found for the claimant
Orders
- Judgment on liability in favour of the claimant
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment