Can a manufacturer be held liable for over heating of a ceiling fan?

Alberta, Canada


The following excerpt is from Tilley v. Man Roland Canada Inc., 1999 ABQB 364 (CanLII):

In Farro v. Nutone Electrical Ltd., supra damage was caused to the plaintiff’s house by the over heating of a ceiling fan. The trial judge found that the probable cause of the damage was the overheating of the motor but dismissed the action because the manufacturer was not shown to be negligent. In allowing the appeal, Lacourciere, J.A. stated at p. 271: A manufacturer has a duty to take reasonable care in the manufacture of his product, including all component parts, and failure to take such reasonable care can result in liability to the ultimate user or consumer. In Charlesworth on Negligence, 5th ed., at p. 394, paras. 631-2, the following appears: The duty of the manufacturer may be said to be to take reasonable care in the manufacture of his product, and failure to take such care will render him liable to any consumer or user whose person or property is injured by his product, provided (1) the product causing the injury has the same defect as it had when it left the manufacturer; and (2) the manufacturer should have contemplated that the product would be consumed or used in the same condition as it was when it left him.

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