Product Liability

Question 1

Producers of defective products owe a duty of care in negligence to…

Answer 1

the buyers AND users of the products where anyone injured OR caused loss can sue.

Question 2

How is there no tort action available for defective products?

Answer 2

product is merely defective and hasn’t caused physical damage OR harm.

Question 3

Claims can be made for defects which cause…

Answer 3

injury OR property damage.

Question 4

NOT defects which only…

Answer 4

affect the performance OR quality.

Question 5

CONTRACT LAW provides remedies for products which are defective in quality BUT not…

Answer 5

dangerous

Question 6

What consists of a successful negligence claim?

Answer 6

claimant MUST show the defendant owes a duty of care which has been breached causing damage to the claimant which isn’t too remote.

Question 7

What must the defendant prove additionally for product liability?

Answer 7

that they are a manufacturer
The item causing damage is a product.
Claimant is a consumer
AND product left the manufacturer with NO REASONABLE possibility of intermediate examination.

Question 8

Manufacturer?

Answer 8

anyone involved in the supply chain from the manufacturer, distributor, supplier, seller, AND repairer of goods can be sued.

Question 9

Product?

Answer 9

all types of manufactured products are covered (NOT buildings).

Question 10

Consumer?

Answer 10

ultimate user AND anyone who the defendant should have reasonably in mind likely to be injured.
(e.g., neighbour principle).

Question 11

Intermediate examination?

Answer 11

no likelihood of anyone examining the product before the injury occurred.
WHICH CASE, duty can be owed by the party who had the opportunity to examine the product.

Question 12

Usual defences to negligence apply - Contributory negligence?

Answer 12

normal principles of contributory negligence will apply.

Question 13

Usual defences to negligence apply - Consent?

Answer 13

claimant aware of a defect AND decides to continue to use the product.
Knowledge of a defect in itself NOT sufficient consent.
Must be a willing acceptance of the risk.

Question 14

Usual defences to negligence apply - Exclusion?

Answer 14

liability in negligence for death OR PI can’t be excluded
where it arises in the course of business OR trade.

Question 15

CPA 1987?

Answer 15

imposes statutory strict liability for defective products WHICH are dangerous.

Question 16

Anyone who suffers death OR injury OR property damage by the unsafe product can sue,
whether…

Answer 16

consumer OR bystander

Question 17

Claimant MUST show there was a defect in the product which made it unsafe…

Answer 17

AND damage OR harm suffered caused by that defect.

Question 18

Claimant MUST prove that the safety of the product is…

Answer 18

‘not such as persons generally are entitled to expect’.
Taking into account ALL the circumstances.
Fault need NOT be proved.

Question 19

Producer of the product can be sued.
Example?

Answer 19

manufacturer.

Question 20

Hierarchy of who can be sued?

Answer 20

manufacturer.
Suppliers – can’t identify the producer.
Retailers of own brand goods.

Question 21

MOST types of product are covered, including…
and not…

Answer 21

ALL movables AND agricultural produce.

buildings.

Question 22

Defences provided for under the CPA 1987:
(6 elements)

Answer 22

• Defect was attributable to compliance with legal requirements.
• Defendant didn’t supply the product.
• Defendant supplied product OTHER THAN in the course of business.
• Defect didn’t exist when the defendant supplied the product.
• Development risk in the area of drugs AND medicines.
• Contributory negligence.

Question 23

Limitation period?

Answer 23

3 years from the time of the defect, damage OR defendant’s identity was known
OR 3 years from date of knowledge in latent damage cases.
After 10 years the right to bring an action is lost.