21 Dec 2009
PICKARD AND ANOR V AMBROSE AND ANOR HC WN CIV-2003-091-143
- Citation
- openlaw-570628e9_fa16_40b0_9c9d_0d1055321ce4.pdf
- Court
- High Court
Although the installer (Ambrose) breached contractual and industry requirements (altered appliance, used undersized flue, connected without certification), plaintiffs failed to prove on the balance of probabilities that combustion gases containing carbon monoxide were discharged into the living space at levels likely to cause the alleged harmful health effects or that such exposure caused the plaintiffs' claimed injuries; accordingly judgment for defendants.
- Carbon monoxide poisoning
- Breach of manufacturer's instructions
- Professional negligence
- Causation
- Expert evidence admissibility