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Who's fault is it.

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Who's fault is it.

Imagine a situation where a tanker driver mistakenly fills up a forecourt underground petrol tank with diesel and a number of motorists subsequently fill their petrol cars up with the diesel resulting in expensive repair bills.
Who would be held responsible.
I guess there are safety features and checks to prevent this happening but for the sake of argument...........
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Re: Who's fault is it.

The retailer.
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Re: Who's fault is it.

The retailer would be responsible for selling a mislabelled product and the consequences thereof.
They in turn would likely have a claim, etc. etc. up the chain. Fun for insurers!  Crazy
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Re: Who's fault is it.

But the retailer says they trusted the supplier and is denying responsibility.
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Re: Who's fault is it.

Quote
I guess there are safety features and checks to prevent this happening but for the sake of argument...........  

For info, the connection couplings on the petrol and diesel filling hoses are different so it's impossible to get it wrong (unless someone uses a funnel and bucket to fill the main tanks!).
This was introduced some time ago after a few near-misses (or near-hits?).
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Re: Who's fault is it.

Quote
But the retailer says they trusted the supplier and is denying responsibility.

The law of the land always overules trust!
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Re: Who's fault is it.

Ok....a builder is contracted to build a 2 storey extension for someone.
6 month later the extension collapses and someone is injured.
An examination of the structure and materials reveals a batch of faulty bricks.
The builder says he has neither the time, experience or facilities to test every brick he lays and blames the manufacturer of the bricks.
Is the builder at fault?
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Re: Who's fault is it.

Quote from: Strat
But the retailer says they trusted the supplier and is denying responsibility.

Tough, they are legally responsibleand will hold public liability insurance for things like that.
Quote from: Strat
An examination of the structure and materials reveals a batch of faulty bricks.
The builder says he has neither the time, experience or facilities to test every brick he lays and blames the manufacturer of the bricks.
Is the builder at fault?

Not sure thats quite the same. I think many builders get the client to buy / pay for the supplies and they simply put them together. Most builders aren't really retailers but more a service provider. It's a good question though and I'd be interested to know the proper answer too.
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Re: Who's fault is it.

The builder is ultimately responsible for the quality of his work, and therefore the materials he uses. He should (theoretically) ensure that his bricks are up to scratch. I think the law relating to "duty of care" is the one...
http://en.wikipedia.org/wiki/Duty_of_care_in_English_law
In the same way the brick maker has a duty of care to the builder, or whoever buys their bricks.
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Re: Who's fault is it.

Having worked in a refractories laboratory testing fire bricks I am well aware of the procedures, equipment and knowledge required.
Not something your average builder would have readily available for each job he undertook.
The point I'm getting at is very often it is easier to lay fault with the end supplier than consider that the fault may lie with his/her supplier.
In this case the builder could be put out of business as trust is lost and orders go elsewhere.
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Re: Who's fault is it.

The building inspector should also be liable, for "signing off" the building !
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Re: Who's fault is it.

Quote from: Strat
Is the builder at fault?

At fault or liable? Not quite the same.
But that's why businesses have insurance such as Professional and Product liability.
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Re: Who's fault is it.

You are in a stationary queue of traffic, a driver is approaching too fast and hit the last car in the queue which in turn push the car into the next and the next and the next. You are in the 6th car up do you pursue the insurance company of the driver of the car that cause the accident or the car that cause the damage to your car?
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Re: Who's fault is it.

You pursue the insurer of the car that hit your car and it's up to the insurer of the car behind you to pursue the insurer of the car behind them and so on.

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Devonian
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Re: Who's fault is it.

Neither!
It's up to my insurance company to sort it out, after all that's why I give them thousands every year. Angry