12 - TORT - Product Flashcards
For product liability, how is ‘product’ defined?
Any good or electricity, including product comprised in another
Which act covers product liability?
Consumer Protection Act 1987
How is ‘defect’ defined for product liability?
If safety of product is not such as persons generally are entitled to expect 🔥
What damage can be claimed for product liability?
- Death ☠️
- Personal injury 🤕
- Property damage 🏚️ (must exceed £275 and be property intended for private use by person suffering loss for private use)
What damage cannot be claimed under product liability?
- PEL 💸
- loss of product itself 🎁
- loss of any product supplied with the product itself 🎁💝
Who may be liable for product liability?
- The producer 🏭
- Anyone who held themselves out as the producer 👋🏭
- Anyone who imported product into the UK 🌏
When will someone who supplied a defective product be liable for product liability?
Where victim asks for producer’s details w/in a reasonable time, they can’t identify them & supplier fails to identify them
Who can bring a claim for product liability?
Anyone suffering damage due to defect
🏚️🤕☠️
What defences are there for product liability?
- Defect did not exist in product at relevant time 🕰️
- State of scientific/technical knowledge at relevant time 🔬
- Contributory negligence 🤝🕳️
(Exemption clauses are not valid)
What time limitations are there for product liability claims?
Claim must be brought w/in 3 years from later of:
(i) Date damage occurred 💥
(ii) C became aware/reasonably should have, of the damage 💡
Long stop of 10 years after product put into circulation by D 🕰️