Product Liability

Product Liability

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Toby Gee has acted for many plaintiffs, manufacturers and insurers in a wide variety of product liability claims. This includes both medical and non-medical products, and the safety of specific consumer goods, for example medical equipment, electronic agricultural/outdoor equipment, electronic and mechanical industrial components, raw materials in industrial processes, commercial and private vehicles, domestic appliances and other household products.

  • Henderson v Feldbinder – Acted for successful German lorry manufacturer sued by UK employer alleging negligent design of handrail on tanker. Issues included whether compliance with German safety standard was sufficient.
  • Snow & Rock v Bosch, Iveco et al – Acted for Bosch GmbH in relation to vehicle fire allegedly due to negligently designed / manufactured ABS unit.
  • Toughened glass panels on new office building spontaneously shattering, claim against manufacturers of panels and against enamel paint manufacturers (£½ M claim).
  • Vehicle fires allegedly due to design / manufacturing faults: Cars (2 manufacturers), lorries (2 manufacturers).
  • Fires allegedly due to electrical faults in domestic appliances (eg toaster, washing machine, Beko fridge-freezer).
  • Industrial glass-handling machine severing engineer’s hand – allegedly defective system of electronic sensors.
  • Fire in sauna at leisure centre – claim against sauna designers / suppliers.
  • Racing motorcycle wheel shattering.
  • Exploding paint canister causing blindness.
  • Finger amputated in car park ticket vending machine. Acted for manufacturers. Held: Pre-marketing testing inadequate. Adequate testing would have revealed risk of injury, which could easily have been removed. However, actual risk was so low that a reasonable manufacturer would not have taken steps to reduce it if known. Therefore claim failed.
  • Medtronic Sprint Fidelis lead for ICD (Implantable Cardioverter Defibrillator). Represented the claimant against Medtronic. Claim settled.
  • Intervertebral disc prosthesis – alleged defects in design / manufacture causing severe back problems – development risk defence – skilled intermediary. Represented manufacturer. Claimant represented by Barry Cotter QC. Claim settled at mediation.
  • Incorrect knee implant – cause of long-term knee problems.
  • Fertility clinic – sperm bank – use of sperm with chromosomal abnormality – liability in relation to resulting foetuses / babies.
  • Representing manufacturer and distributor of robotic milking machines alleged to have caused mastitis epidemic in dairy herd.
  • Advising manufacturer in relation to New Zealand recall of car-roof-mounted cycle racks.