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Wessanen Foods Ltd v Jofson Ltd

Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWHC 1325 (TCC), 8 June 2006. Reminds property owners of the importance of insurance protecting their property from the actions of their employees. Considers liability for fire damage to W's warehouse property when a battery-powered forklift truck hired from J began sparking. W sued J, claiming that the forklift was not fit for purpose because the battery cables were too long, and that J had breached the hire contract by failing to attend to the fault quickly enough. "Held": claim dismissed. The forklift truck was not defective. The battery cables had been damaged by W's employee in failing to stow them away correctly, and W's electrician had then failed to disconnect the cables to prevent further sparking.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 134251-1001

[2006] EWHC 1325 (TCC), 8 June 2006. Reminds property owners of the importance of insurance protecting their property from the actions of their employees. Considers liability for fire damage to W's warehouse property when a battery-powered forklift truck hired from J began sparking. W sued J, claiming that the forklift was not fit for purpose because the battery cables were too long, and that J had breached the hire contract by failing to attend to the fault quickly enough. "Held": claim dismissed. The forklift truck was not defective. The battery cables had been damaged by W's employee in failing to stow them away correctly, and W's electrician had then failed to disconnect the cables to prevent further sparking.