McDermott & Ors v Robinson Helicopter Company Incorporated

[2014] QCA 357

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

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Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Standard of care
4. › Product liability
5. › Manufacturer's duty of care
6. › Adequacy of maintenance manual instructions
7. › Whether manual adequately addressed risk of catastrophic failure from loose bolt
8. › Whether reliance on visual inspection of torque stripes sufficient to verify security of critical fasteners
1. Torts
2. › Negligence
3. › Standard of care
4. › Dangerous products
5. › Higher duty of care for inherently dangerous products
6. › Whether gravity of risk of injury requires higher standard of care
1. Trade and Commerce
2. › Consumer protection
3. › Liability of manufacturers for defective goods
4. › Whether maintenance manual constituted a 'defect' in goods
5. › Trade Practices Act 1974 (Cth), ss 75AC, 75AD, 75AE
1. Appeal
2. › General civil appeal
3. › Findings of fact
4. › Inconsistent findings
5. › Whether trial judge made erroneous and contradictory findings of fact
6. › Whether findings were reasonably open on the evidence

Quick Take

A manufacturer of inherently dangerous products such as helicopters must provide maintenance instructions that do not rely solely on inspection methods (such as visual inspection of torque stripes) that are unreliable indicators of the defect being inspected for. Where a simple mechanical check (such as applying a spanner) would reliably detect the defect, the maintenance manual must instruct that such a check be performed. A maintenance manual for a helicopter constitutes part of the 'goods' for the purposes of the defective goods provisions of the Trade Practices Act 1974 (Cth), and an inadequate manual may constitute a 'defect' within the meaning of s 75AC.