Product liability

Question 1

Negligence

Answer 1

In order to succeed in a negligence claim, the claimant must show that the defendant owes
a duty of care which has been breached, causing damage to the claimant which is not too remote

Question 2

Duty of care: The narrow rule in Donoghue v Stevenson

Question 3

Consumer protection Act 1987

Answer 3

Who can sue?

Anyone who can establish the following can sue under the CPA 1987:
* that they have suffered damage
* caused by
* a defect
* in a product.

Damage:

‘Damage’ is defined in the CPA 1987. In summary:
* claims for death and personal injury are without limit. Personal injury is defined as including ‘any disease and any other impairment of a person’s physical or mental condition’.
* Damage to private property must exceed £275 before a claim for it can be brought. Provided the loss of or damage to private property exceeds £275, the full amount of the loss or damage is recoverable.
* Damage caused by a defective product to business property is outside the scope of the CPA 1987.
* The cost of repairing or replacing the defective product itself is not recoverable. This is regarded as being pure economic loss.