Renfrew Golf Club had sought recovery of £500,000 plus costs from the manufacturer of a electronic golf trolley which they argued had started a fire by causing a spark leading to substantive damage of the clubhouse.
The Club’s lawyers argued that the manufacturer were liable in terms of the Consumer Protection Act 1987 and common law negligence.
Their claim was refused by the Inner House of the Court of Session who noted that the 1987 Act restricts liability to property in private use. It found the clubhouse in question not to be within this definition. Liability was again denied under the common law of negligence due to a lack of proximity between the club and the golf trolley manufacturer.
Apparently the Club did not have an insurance policy which covered such eventualities of fire and it may well have been that this court action would have been unnecessary had they put in place such an insurance policy.
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