Product liability Flashcards
Is fault needed under the Consumer Protection Act?
No - strict liability
What is the basis of a claim under the CPA?
Product
Defect
Damage
What does defect mean under the CPA?
Safety of product is not what persons are generally entitled to expect
Safety = risk of damage to property as well as death/personal injury
What is damage under the CPA?
Death, personal injury or to property
What cannot be claimed for under the CPA?
- loss of product itself or pure economic loss
- Property damage unless sum awarded >£275 excluding interest
- Property damage unless for private use/occupation/consumption
Who can be sued under the CPA?
- Producer of product
- Anyone who has held himself out to be the producer
- Anyone who has imported product to UK
When can a supplier be sued under the CPA?
if claimant asks for details of producer within reasonable time and supplier fails to identify that person
How are defendants liable if there is more than one person liable for the same damage under the CPA?
jointly and severally liable
Who can sue under the CPA?
anyone suffering damage as a result of defect
What are the defences to product liability under the CPA?
a) Defect did not exist in product at relevant time
b) State of scientific/technical knowledge at relevant time meant the producer couldn’t have discovered the defect
c) Contributory negligence
Can liability under the CPA be excluded/limited?
No
What is the limitation period for product liability under CPA?
within 3 years from the later of:
a) Date of injury/damage
b) When C became aware/should have become aware of damage
What is the longstop limitation period for product liability under the CPA?
10 years after product put into circulation
