Product Liability Flashcards
(28 cards)
What are the three potential legal bases for a product liability claim?
Negligence
Breach of contract
Consumer Protection Act 1987 (statutory, strict liability)
What is the key advantage of the CPA 1987 over negligence?
It introduces a regime of strict liability – no need to prove fault or breach of duty.
Basis of Liability?
a person is liable if damage is caused wholly or partly by a defect in a product
What is the definition of ‘product’?
includes any goods or electricity, and includes component parts or raw materials.
How is ‘defect’ defined?
A product is defective if its safety is not such as persons generally are entitled to expect. Safety includes risks to property, death, and personal injury.
What factors influence what people are ‘entitled to expect’?
Manner/purpose of marketing
Packaging/warnings
Reasonable expectations of use
Time of supply (technology, knowledge at the time)
How does defect differ from negligence?
Defect is based on consumer expectation, not the standard of reasonable care.
What counts as ‘damage’?
Death
Personal injury
Damage to property (includes land)
What is not recoverable?
Pure economic loss
Damage to the product itself
Property damage under £275
Damage to non-private use property
Who is liable?
a) The producer
b) Anyone who uses their name, brand or trademark
c) Any importer into the UK in the course of business
How is ‘producer’ defined?
Manufacturer of manufactured goods
Person who won/abstracted goods (e.g. coal)
Person responsible for processing (e.g. agriculture)
What happens if the claimant cannot identify the producer?
a supplier (e.g. retailer) is liable unless they identify the producer/importer when asked.
Are multiple defendants possible?
Yes, liability is joint and several.
Does a claimant need to have purchased the product?
No. Anyone who suffers damage from a defect can claim.
Can a claim be brought by a bystander injured by a defective product?
Yes. The Act applies to anyone harmed, not just buyers or users.
Does the Act apply to business property damage?
No – only damage to property intended for private use is covered
What are the main defences?
Defect didn’t exist at the relevant time
State of scientific/technical knowledge didn’t permit discovery
Product not supplied by defendant
Compliance with legal obligation
Product not for profit/business
Scientific/Technical Knowledge?
Defence - If the defect could not have been discovered using the scientific/technical knowledge at the time
Can a defect be excused if it was known but couldn’t be fixed?
No. The defence only applies to undiscoverable defects – not unfixable ones.
Can contributory negligence be a defence?
Yes – general principles of contributory negligence apply.
Can liability be excluded?
No – s.7 prohibits exclusion or limitation of liability under the Act.
What is the limitation period for a claim?
3 years from date of damage or date of knowledge
Subject to a 10-year longstop from when the product was put into circulation
What happens if a defect isn’t discovered until after 10 years?
The longstop period bars the claim – no exceptions.
Who else might owe a duty of care?
Suppliers/distributors, if expected to inspect (Malfroot)
Repairers (Haseldine v Daw)
Anyone placing product into circulation who fails to take reasonable precautions
