Defective Insecticide

                                    Defective Insecticide

                                                                           

The 15/07/1994, Amanda bought in an open public institution , owned by "Germans Crespi SA ", 47 cans of fumigant insecticide "Keycorc" to disinfect a floor that was riddled with termites and woodworm. The same day , she poured the contents of the 47 boats for every room in the house and sealed the windows. The next day arround 11:45 there was an explosion , which destoyed the building and also it affect to another two propertys

Several neighbors and their respective insurers have demand to: Amanda , Eduardo Paulino , Jesus Carlos , David, "Germans Crespi , SA" , " Key Industrial Chemistry , SA" and Ministry of Agriculture , Fisheries and Food , and request compensation for damages suffered. The Court of First Instance# 4 of Palma de Mallorca ( 1.12.1999 ) partly estimated demand and condemns to Amanda ,Eduardo and "Germans Crespi , SA". The Provincial Court of Palma Mallorca ( Section 4 , 30.3.2001 ) estimates in part the appeals filed by the plaintiffs and extends the sentence to" Key Industrial Chemistry  SA" and the Ministry of Agriculture, Fisheries and Food.

Finally the supreme estimates the appeals brought by the defendants , and dismissed the claims. According to the court , the damage occurred as result of misuse of the product by Amanda , so there causal link between the harm suffered and the sale of the product . On the other hand , It can`t be  responsibility of the Administration , because the product had been registered as highly dangerous and also  had been labeled with the words  " flammable" and "poison."