What is the test for liability for damage caused by a defect in the attachment of the pick-up tube?
Alberta, Canada
The following excerpt is from General Motors of Canada Ltd. v. Marshall, 1998 ABQB 983 (CanLII):
The trial judge based his decision on Donoghue v. Stevenson, holding that it had been proven that the flaw in the attachment of the pick-up tube was either caused at the time of manufacture or during a repair under warranty and that in either case, the appellant was liable for the damage to the engine.
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