Karl John Chadwick v. Continental Tyre Group Limited [2008] CSOH 24

Reparation - Procedure Roll:- On 28 April 1999 the pursuer was injured following a road traffic accident after the rear tyres of the vehicle he was driving, a mini-coach, failed, causing the coach to lose control and overturn. The pursuer sought damages of £25,000 damages against the defenders for the injuries he suffered. The case called on the procedure roll on the defenders' first plea-in-law to the relevancy of the action. The pursuer averred a manufacturing defect in a tyre or, alternatively, if there was no manufacturing defect, as a matter of reasonable foreseeability tyre manufacturers know that people will overload vehicles and under-inflate tyres, and that in itself was a defect, and the absence of instructions or warnings could amount to a defect under the Consumer Protection Act 1987.