we have had a similar discussion on here, would a pole manufacturer be liable if a pole broke ? ? ? ? no it wouldnt
I was talking about whether something was 'fit for purpose' Matt, if a pole couldnt be used as intended to clean then it wouldnt be fit for purpose, of course it has to be safe to use but that isnt its primary purpose; whereas a cage in a van is fitted for the purpose of making the tank and its contents safe within the vehicle.
If a cage doesnt offer this then the supplier/manufacturer are certainly breaking the trades description act and by supplying something which isnt fit for purpose.
If you buy a car and it doesnt go it isnt fit for purpose.
the car is a good example
you are driving a car thats been designed to safely get you from a - b , you have a crash, now whilst the car has ABS and airbags ( and you presume is safe ) you crash into a wall and a larry smashs into from behind
* insert car makers name * would not be liable
whilst any conpany will fit a tankcage as best they can, you might park your van on a train track, would you expect the cage to hold up then ? ?? ? see what i mean about variables