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Abouzaid v Mothercare [2000] All ER (D) 2436

Country:
United Kingdom
  • A pram had an elastic fastening system which snapped and injured Plaintiff’s eye.

  • The CA held that the producer was liable since the product fell below the standard of safety that the purchaser was entitled to expect at the time of circulation.

  • The ‘scientific and technical knowledge’ defence didn’t apply.

    • Chadwick LJ said a simple practical test could have revealed the danger.

    • Pill LJ said that the absence of a record of previous accidents involving similar products did not constitute absence of scientific/technical knowledge.

  • The defence was about advances in engineering/science that would throw light on previous problems, which wasn’t the case here.

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