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Terence Piper v JRI (Manufacturing) Ltd [2006] EWCA Civ 1344

The trial judge had been correct to find that the prosthesis produced by the respondent manufacturer was not defective at the time it was supplied to the hospital.

27 October 2006

The appellant (P) appealed against a decision dismissing his claim for damages against the respondent prosthetics manufacturer (J). P had had a total hip replacement operation that involved the implantation of a prosthesis supplied by J. After the operation, the prosthesis sheared in two and it had to be removed and replaced, which resulted in P losing a significant amount of mobility. P brought an action for damages, claiming that J was strictly liable under the Consumer Protection Act 1987. On examination of the prosthesis after it was removed, two defects were found. At trial, it was J’s case that their manufacturing and inspection process was such that the prosthesis had no defect when they supplied it to the hospital, and it was most likely that the defect occurred when the prosthesis was implanted. It was P’s case that the defects found on examination of the prosthesis after the fracture were caused during the explantation of the prosthesis, and those defects or at least o...

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