Double Bogey For Golf Club In Damages Claim

Renfrew Golf Club has had their claim for damages against the manufacturer of an electronic golf trolley refused. Renfrew Golf Club claimed that defective wiring in a Motocaddy trolley caused a spark that started a fire and caused £500,000 worth of damage.

Discussion

The Golf Club argued that Motocaddy were liable for the damage in terms of the Consumer Protection Act 1987 and in common law of negligence. They argued that the golf trolley was defective at the point of supply and that it was foreseeable that damage of this nature could occur. The Golf Club were unsuccessful in their action at first instance (see our earlier Insight), but sought to appeal that decision.

The Inner House of the Court of Session refused the Golf Club's appeal. The 1987 Act restricts liability to property in private use. The court decided that the clubhouse in question was not for private use as required. The court stated that as the club was for the "communal use...of a large number