Product Liability Flashcards
Does the Consumer Protection Act 1987 replace negligence and breach of contract?
The Consumer Protection Act 1987 does not replace any claim in negligence or breach of contract so whenever faced with a problem involving a defective product should consider negligence, breach of contract and the Act.
What type of liability does CPA 1987 impose?
Strict liability.
What is product liability?
Certain people will be liable for damage caused by a defect in a product.
What is a product?
Means any goods and something which is included as a component or raw material in something else.
What is a defect and how will it be judged?
There is a defect in a product if the safety of the product is not such as persons would generally be entitled to expect.
What is expectation based on?
WHAT PEOPLE ARE ENTITLED TO EXPECT DEPENDS ON THE CIRCUMSTANCES:
The manner/purpose for which it has been marketed and any warnings on the packaging.
What might reasonably be expected to be done with /in relation to the product.
Expectations as to safety may change over time e.g. children now use phones.
What type of damage is recoverable under CPA 1987?
Death and PI
Loss of or damage to any property.
What damage is not recoverable under CPA 1987?
Loss of the product itself, or any product supplied with the defective product as part of it.
Damage to property not exceeding £275, excluding interest.
Damage to property which is not ordinarily intended for private use / occupation / consumption.
Damage to property which is not intended by the person suffering the loss or damage mainly for his own private use / occupation / consumption.
Who are the persons liable for damage?
The producer.
Any person who has held himself out to be the producer.
Any person who has imported the product into the UK from a place outside the UK to supply to another.
Someone who supplied the goods e.g. a retailer could be liable unless they are able to tell someone suffering damage who produced / imported the goods, so the person suffering damage can pursue them instead.
Who is a producer?
Manufacturer.
The person who won / abstracted it e.g. abstracting coal from the ground.
The person who carried out that process e.g. agricultural produce.
Who can bring a claim?
Protection afforded under this Act is limited to consumers.
Anyone suffering damage can sue, it is not limited to the people who purchased the product or even used it.
What are the defences to cpa 1987?
- “the defect did not exist in the product at the relevant time”.
- The state of scientific and technical knowledge at the relevant time was not such that a producer could be expected to have discovered the defect.
- Contributory negligence available.
Can exclusion under CPA 1987 be limited or excluded?
No.
What is the limitation period for claims under CPA 1987?
The claim must be brought within 3 years from the later date of:
- The date the injury and/or damage occurred; OR
- When the claimant became aware or should reasonable have become aware of the damage.
There is a long stop of 10 years after the product was put into circulation by the defendant.
In relation to negligence and defective products who owes a duty?
Manufacturer owes a duty of care to those people who uses its products.
Manufacturer owes a duty not only to the purchaser but to other users of the product even someone who comes into contact with it.
Repairers, suppliers or distributors may be liable where they should have inspected the product and would then have discovered the defect.
