Baker v KTM Sportmotorcycle UK Limited & another (2017) CA (Civ Div) (Lloyd Jones LJ, Hamblen LJ), 3rd May 2017

The respondent had purchased one of the appellant’s motorbikes second hand from a dealer. The bike was two years old, fully serviced and with low mileage. The front brake seized in use and the respondent was thrown from the bike leading to injury. His claim against the appellant alleged that his injuries had been caused by a defect in the bike which was contrary to the Consumer Protection Act 1987. At first instance, the Judge upheld the respondent’s claim, finding that galvanic corrosion was the probable cause of the seizure due to a defect in the braking system.

HELD:

There was no need to plead a specific defect, only for the Judge to find that a defect existed: Ide v ATB Sales Ltd [2008] EWCA Civ 424.

There must have been a defect in the design or manufacturing process for galvanic corrosion to have occurred. The bike had been cleaned and serviced appropriately, had low mileage and was less than 2 years old.

The Judge had found that the bike was in excellent condition at the time it was purchased second hand. As such, the appellant’s contention that the respondent had failed to call evidence from the previous owner as to his cleaning regime was irrelevant.

May 15, 2017 В· Editorial Team В· Comments Closed
Posted in: Cases