Is a field spindle manufacturer liable for failure to warn?
British Columbia, Canada
The following excerpt is from Boyes v. Wong, 2016 BCSC 1085 (CanLII):
Similar results occurred in Forsyth at all v. Sikorsky et al, 2000 BCSC 642 which dealt with a claim for personal injury resulting from a 1995 helicopter crash caused by field spindles and the tail rotor of the helicopter. The defendant was aware that some of the spindles it manufactured had failed. The court held the defendant was liable for failure to warn. The rationale for the finding of fault was grounded in the defendant’s knowledge of the defect and its corresponding failure to take steps to warn the users of the helicopter.
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