Chapter 11 - Product Liability Flashcards
What are the two types of claims involved in product liability?
Negligence and the Consumer Protection Act 1987 (statutory tort).
Who owes the duty of care in product liability claims based on negligence?
Manufacturers, including those who work on or repair products, and in some cases, suppliers who have inspected or tested the product before sale.
What is the scope of the duty of care in product liability negligence claims?
The duty of care covers personal injury, death, and damage to property, but not to the product itself.
What challenges exist in proving breach of duty in negligence claims for product liability?
It can be difficult to identify what went wrong during the manufacturing process, but breach can be inferred if facts or expert evidence suggest a problem occurred.
What standard negligence rules apply to causation and defences in product liability claims?
The usual negligence rules, including the ‘but for’ test, as well as defences like consent and contributory negligence.
What types of damage are claimable under the Consumer Protection Act 1987?
Personal injury, death, and damage to property (as long as the property exceeds £275 and is not for business use).
How is causation different in claims under the Consumer Protection Act 1987 compared to negligence claims?
The causation test under the Consumer Protection Act is a direct causation test, rather than the reasonable foreseeability test used in negligence.
How is a product defect defined under the Consumer Protection Act 1987?
A product defect exists if the product is not as safe as a person reasonably entitled to inspect would expect.
What is the key difference between negligence claims and claims under the Consumer Protection Act 1987?
Negligence claims require proving fault (breach of duty), while claims under the Consumer Protection Act involve strict liability—only the defect and damage need to be proven.
Who can be defendants in product liability claims under the Consumer Protection Act 1987?
Defendants can include the manufacturer, supplier, importer, or any other party in the supply chain, such as retailers.
What defences are available in product liability claims under the Consumer Protection Act 1987?
Defences include contributory negligence, consent, and the state of knowledge defence (if the risk was unforeseeable based on current scientific knowledge).
What is the ‘state of knowledge’ defence in the Consumer Protection Act 1987?
It allows a defendant to avoid liability if the risk of harm from a product was unforeseeable based on scientific knowledge at the time the product was released.
