NEGLIGENCE- product liability Flashcards
what is product liability?
liability of manufacturers /producers to anyone suffering injury/damage as a result of coming into contact with manufacturers defective product
what is in addition of manufacturer being sued in normal neg?
may be liable under the act for product liability if any damage is caused
what is the act for product liability called?
consumer protection act 1987
what is liability for this
strict
what is the section called for product & producer?
s 1
what is product for purposes of cpa?
any product (goods/electricity) inc components- wont apply to services if so that is normal negligence
what is the section called for defect
s 3
what is defect for purposes of cpa?
needs to be general defect in product to sue e.g electricuted. safety not up to standards that someone would expect
what does defect actually mean?
not quality but safety
what is tested to apply for min standards
ce
what is defect in other words?
r.m.t
what is damage for purpose of cpa?
needs to be death/p.i/property(sue under tarriff) no damages rewarded if does not exceed £275 this ensures that courts not bogged down with trivial amounts (policy reason) and typical damage application
what makes damage more restricted and what section ?
no liability in respect of loss of or damage to the product itself/any product of it
what is meant by producer for purpose cpa and what section ?
who you sue s 2 (2)-
a producer
someone who puts his name/trademark on it
someone who imported it into EU
what is the acronym for defences?
PPDDD
how many defences are they?
7
what is the 1st defence subsection?
s 4 (1)(a)
what is s 4 (1)(a)?
defect in product was attributable to compliance with a statutory or EEC requirement-d would not be liable as he was merely doing what law required him to do e.g if warning label is inadequate and misleading
what is 2nd defence subsection?
s 4 (1)(b)
what is s 4 (1)(b)?
if manufacturer has not put his product in circulation e.g design stolen and put into circ by another = complete defence
what is 3rd defence subsection?
s 4(1) (c)
what is s 4 (1) (c)?
the product was not supplied in course of a business- you did not make it
what is 4th defence subsection?
s 4 (1)(d)
what is s 4 (1) (d)?
the defect did not exist at the relevant time- if defect due to wear and tear d not liable.
what is 5th defence subsection?
s 4 (1)(e)
what is s 4 (1)(e)?
the development risks defence (state of the art defence)-product in question might be expected to have discovered defect if it had existed in products while they were under control.
what is 6th defence?
s 4 (1)(f)
what is s 4(1)(f)?
the defect was in subsequent product not the component part -if original product used to make another product which turns out to be defective- manu of original product not liable.
what is 7th defence subsection?
s 6(4)
what is s 6(4)?
contributory neglience= partial defence-c may have damages reduced if he has increased the damaged suffered by him.
what section is damages under?
s.5 (4)
what damages will the claimant recieve?
c can claim damages (compensation) for death/personal injury/damage 2 property
what else with damages?
no damages rewarded if does not exceed £275 this ensures that courts not bogged down with trivial amounts (policy reason)
