Product Liability

Question 1

What does the Consumer Protection Act 1987 provide?

Answer 1

The Act provides a statutory basis for claiming in relation to damage caused by defective products.

Question 2

Does the Consumer Protection Act 1987 replace claims in negligence or breach of contract?

Answer 2

No, it does not replace any claim in negligence or breach of contract.

Question 3

What is required for a successful claim in negligence?

Answer 3

The claimant must show ‘fault’ on the part of the defendant, meaning the defendant fell below the required standard of care.

Question 4

What type of liability does the Consumer Protection Act 1987 introduce?

Answer 4

The Act introduces a strict liability regime, where parties can be found liable without showing fault.

Question 5

What is the key definition of ‘product’ under the Act?

Answer 5

Section 1(2) defines ‘product’ as any goods or electricity, including components or raw materials.

Question 6

What constitutes a defect in a product according to the Act?

Answer 6

A product is defective if its safety is not what persons generally are entitled to expect.

Question 7

What factors influence what people are entitled to expect regarding product safety?

Answer 7

Factors include the manner in which it has been marketed, the way it is described, and the time it was supplied.

Question 8

What is the definition of ‘damage’ under the Act?

Answer 8

Damage means death, personal injury, or any loss or damages to property, but not pure economic loss.

Question 9

Who can bring a claim under the Consumer Protection Act 1987?

Answer 9

Anyone suffering damage from a defective product can bring a claim, regardless of whether they purchased or used the product.

Question 10

Who is liable for damage caused by a defective product?

Answer 10

Liable parties include the producer, anyone who holds themselves out as the producer, and importers.

Question 11

What is the limitation period for bringing a claim under the Act?

Answer 11

Claims must be brought within three years from the date of injury or when the claimant became aware of the damage.

Question 12

What is a key difference between the Act and negligence regarding foreseeability of harm?

Answer 12

Under the Act, foreseeability of harm is not a necessary part of establishing liability.

Question 13

What is the effect of the Act on claims for business losses?

Answer 13

The protection afforded by the Act is limited to consumers, excluding recoverable business losses.

Question 14

Who can sue for damages caused by a defective product?

Answer 14

Anyone suffering damage as a result of the defect can sue.

Question 15

What is necessary to establish a duty of care in negligence?

Answer 15

Foreseeability of harm is a necessary part of establishing a duty of care.

Question 16

What is the causation requirement under the Consumer Protection Act 1987?

Answer 16

The damage must be caused ‘wholly or partly’ by the defect.

Question 17

Can claims for product liability be brought independently of negligence?

Answer 17

Yes, claims can be brought under the Consumer Protection Act 1987 independent of negligence or breach of contract.

Question 18

Who can be sued under the Consumer Protection Act 1987?

Answer 18

Claims can be brought against the person that produced the product.

Question 19

Is fault required to establish liability under the Consumer Protection Act?

Answer 19

There is no need to show ‘fault’ on the part of the defendant.

Question 20

What types of claims can be made under the Consumer Protection Act?

Answer 20

Claims can be made in relation to death, personal injury, and loss/damage to domestic property.

Question 21

What case established that a manufacturer owes a duty of care to product users?

Answer 21

Donoghue v Stevenson [1932] AC 562 established that a manufacturer owes a duty of care to those who use its products.

Question 22

Do manufacturers owe a duty to parties that neither bought nor used the product?

Answer 22

Yes, as established in Stennett v Hancock [1939] 2 All ER 578.

Question 23

Is there an absolute duty to inspect and test every product?

Answer 23

There is not an absolute duty; what is reasonable depends on the circumstances.

Question 24

What is pure economic loss in the context of defective products?

Answer 24

Pure economic loss refers to the loss of the product itself, which is generally not recoverable.

Question 25

How must breach be analyzed in product liability cases?

Answer 25

Breach must be analyzed by considering the standard of care expected of the manufacturer.

Question 26

What can establish breach in many cases?

Answer 26

The presence of a defect in a product can be sufficient evidence to establish breach.

Question 27

What is particularly difficult to prove in product liability cases?

Answer 27

Proving a breach related to the design of a product is particularly difficult.

Question 28

What must be established in relation to causation?

Answer 28

Causation must be established following the usual principles.

Question 29

What can break the chain of causation in product liability cases?

Answer 29

A claimant’s failure to follow warnings or instructions may break the chain of causation.

Question 30

What is the summary of negligence for defective products?

Answer 30

A manufacturer owes a duty of care to users, breach must be established, and causation must be proven.