Baker v KTM Sportmotorcycle UK Ltd [2017] EWCA Civ 378

Baker v KTM Sportmotorcycle UK Ltd [2017]

On 24th February 2010, Mr Baker was riding his KTM Supermoto 990 on Manor Road, Derby.

He had purchased the 2-year old motorcycle second-hand from a dealer fully serviced with low mileage.

He was travelling within the speed limit when suddenly the front brake seized. He was thrown from the motorcycle and sustained severe injuries.

Mr Baker sued the manufacturer, KTM, alleging that the accident and resulting injuries had been caused due to a defect in the motorcycle and contrary to the Consumer Protection Act 1987.

During the civil trial, the Judge found that the cause of the brakes seizing was galvanic corrosion. This had occurred as a result of a design defect combined with faulty construction and/or the use of inappropriate or faulty materials.

Motorcyclist 0% to blame                     Manufacturer 100% to blame.

KTM appealed the decision but this was rejected. Mr Baker was awarded full damages for his injury and loss. This case is a timely reminder of the strict liability imposed on manufacturers to ensure their product is free from fault and defect at all times.

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