4): Product Liability Flashcards
What is product liability in negligence?
duty of care owed by producers of defective products to buyers and users who suffer injury or loss due to the product.
Can a claim in negligence be made if a product is only defective but does not cause harm?
No
contractual claim may exist instead
What must a claimant prove for negligence-based product liability?
The defendant owed a duty of care.
The duty was breached.
The breach caused damage to the claimant.
The damage was not too remote.
Who can be sued in product liability claims?
nyone involved in the supply chain, including:
Manufacturers
Distributors
Suppliers
Sellers
Repairers
Are buildings covered by product liability?
no
Who is considered a consumer for product liability purposes?
ultimate user of the product or anyone the manufacturer should reasonably have in mind as likely to be injured (Donoghue v Stevenson).
What is intermediate examination in product liability?
If a product is likely to be examined before use, liability may fall on the examiner rather than the manufacturer.
What three defences apply in product liability negligence claims?
Contributory Negligence
Consent (Volenti) – The claimant knew of the defect and willingly accepted the risk.
Exclusion of Liability – Under the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015, liability for death or personal injury cannot be excluded in business or trade cases.
What type of liability does the Consumer Protection Act 1987 impose?
Strict liability for defective products that cause harm or damage.
Who can sue under the Consumer Protection Act 1987?
Anyone who suffers death, injury, or property damage from an unsafe product, including consumers and bystanders.
What must a claimant prove under the Consumer Protection Act 1987?
There was a defect in the product making it unsafe.
The defect caused damage or harm.
The product was not as safe as persons generally expected, considering all circumstances.
No need to prove fault.
Who can be sued under the Consumer Protection Act 1987?
The manufacturer.
Suppliers, if the producer cannot be identified.
Retailers of own-brand goods.
What types of products are covered under the Consumer Protection Act 1987?
All movables and agricultural produce, but not buildings.
What are the six defences available under the Consumer Protection Act 1987?
The defect was due to compliance with legal requirements.
The defendant did not supply the product.
The defendant supplied the product outside of business/trade.
The defect did not exist at the time of supply.
Development risk – The risk was unknown (common in drugs & medicines).
Contributory negligence by the claimant.
What is the limitation period for claims under the Consumer Protection Act 1987?
3 years from when the defect, damage, or supplier’s identity became known.
10 years from the product’s supply – after this, claims are barred.
