Titanium Polyurethane Seal Company v New Forest District Council

Titanium Polyurethane Seal Company v New Forest District Council

The claimant's sealant was fit for purpose and compliant with BS 7044; the loss of slip resistance was solely due to the defendant's failure to follow the recommended maintenance regime, not any defect in the product or workmanship.

Parties
Claimant: Titanium Polyurethane Seal Company; Defendant: New Forest District Council
Jurisdiction
England and Wales
Judgment Date
07 August 2008
Procedural Posture
Civil / Judgment
Outcome
Judgment for the claimant; counterclaim dismissed.
Legal Topics
Product Liability, Fitness for Purpose, Negligence, Maintenance Obligations, Declaratory Relief, Counterclaim, Loss of Profit, Remedial Works, Expert Evidence
Contract Tort Product Liability Fitness for Purpose Negligence Maintenance Obligations Declaratory Relief Counterclaim +3 more

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Parties

Titanium Polyurethane Seal Company

Claimant

New Forest District Council

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the floor sealant supplied and applied by the claimant was fit for purpose and compliant with BS 7044
  2. 2 Whether the loss of slip resistance was due to the claimant's product or the defendant's maintenance regime
  3. 3 Whether the defendant is entitled to loss of profit and remedial works costs

Ratio Decidendi

The claimant's sealant was fit for purpose and compliant with BS 7044; the loss of slip resistance was solely due to the defendant's failure to follow the recommended maintenance regime, not any defect in the product or workmanship.

Court Disposition

Judgment for the claimant; counterclaim dismissed.

Orders

  • Declaration that the TPS seal applied to the floors was suitable and conformed to BS 7044 for slip resistance in dry conditions.
  • Declaration that TPS's seal or workmanship was not the cause of any deterioration in slip resistance.