Product Liability

Question 1

what is the consumer protection act 1987?

Answer 1

provides a statutory basis for claiming in relation to damage caused by defective products.
strict liability.

Question 2

how is a product defined?

Answer 2

any goods or electricity and includes a product which is comprised in another product e.g raw materials.

Question 3

how is a defect defined?

Answer 3

if the safety of the product if not such as persons generally are entitled to expect.

Question 4

what is damage for faulty products?

Answer 4

death or personal injury, any loss or damages to the property.

two limits:
1. no claim can be brought in relation to damage to property unless the sum to be awarded exceeds £275.
2. no claim for damage to property can be brought unless the property is ordinarily intended for private use/occupation/consumption and intended by the person suffering the loss or damage mainly for his own private use/occupation/consumption.
(losses suffered by business are unlikely to be recoverable)

Question 5

who is liable for the damage?

Answer 5

1. producer of the product.
2. any person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product.
3. any person who has imported the product into the UK from a place outside the UK to supply it to another.

Question 6

what does producer mean?

Answer 6

1. for product that are manufactured- the manufacturer.
2. for products that are ‘won or abstracted’- the person who won/abstracted it.
3. person who carries out the pcoress.

(if the supplier fails to identify the producer/importer within a reasonable time then they will be liable)

Question 7

what are the defences?

Answer 7

1. defect did not exist in the product at the relevant time.
2. state of scientific and technical knowledge at the relevant time was not such that a producer of products of the same descritption as the product in question might be expected to have discovered the defect if it had existed in the products while they were under his control.
   (inability to discover)

Question 8

limitation on claims?

Answer 8

must be brought within 3 years of
1. the date of injury and/or damage occured.
2. where the claimant became aware or should reasonably have become aware of the damage.

Question 9

are exemption clauses allowed?

Answer 9

NO

Question 10

WHO DOES A MANUFACTURER OWE A DUTY OF CARE TO?

Answer 10

BUYS THE PRODUCT, USES THE PRODUCT OR COMES INTO CONTACT WITH IT.