In what circumstances can a plaintiff sue a manufacturer or designer of a barbecue for damages caused by a gas leak close to one of the burners?
Alberta, Canada
The following excerpt is from Tilley v. Man Roland Canada Inc., 1999 ABQB 364 (CanLII):
In Strata Plan N38 v. Charmglow Products, supra, the plaintiff successfully sued, for negligence, the manufacturer and designer of a barbecue for damages caused by a fire when the barbecue burst into flames. The court concluded that the designer and manufacturer was negligent in the design because the shelf on which the propane tank was placed was located directly underneath the burners of the barbecue. The court concluded that the defendant should have known that the space was large enough for a propane tank and that the shelf would be used for that purpose. The fire occurred when the hose to the propane tank burned through, causing a gas leak close to one of the burners. This was a foreseeable risk and the defendants had failed to warn the consumer of the foreseeable risk.
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