Lack of Warning Not Cause of Loss


Failing to give a warning about a potential issue does not necessarily mean that there are grounds for bringing a legal action, as a recent case shows.
The case involved a manufacturer of fire extinguishers, from whom a powder-type extinguisher was bought and installed in a church. Vandals entered the church and discharged the extinguisher, causing consdierable damage.
The church’s insurance company paid for this and then claimed against the manufacturer of the fire extinguisher on the ground that it had failed to inform its customer of the damage that would result if it were discharged. The insurer claimed this was negligent.
The insurer’s case failed.  The failure to inform the customer of the potential consequences of dischargign the extinguisher was  not part of the ‘chain of causation’ of the damage caused by the powder.

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