Product Liability Flashcards
What does the Consumer Protection Act 1987 provide?
The Act provides a statutory basis for claiming in relation to damage caused by defective products.
Does the Consumer Protection Act 1987 replace claims in negligence or breach of contract?
No, it does not replace any claim in negligence or breach of contract.
What is required for a successful claim in negligence?
The claimant must show ‘fault’ on the part of the defendant, meaning the defendant fell below the required standard of care.
What type of liability does the Consumer Protection Act 1987 introduce?
The Act introduces a strict liability regime, where parties can be found liable without showing fault.
What is the key definition of ‘product’ under the Act?
Section 1(2) defines ‘product’ as any goods or electricity, including components or raw materials.
What constitutes a defect in a product according to the Act?
A product is defective if its safety is not what persons generally are entitled to expect.
What factors influence what people are entitled to expect regarding product safety?
Factors include the manner in which it has been marketed, the way it is described, and the time it was supplied.
What is the definition of ‘damage’ under the Act?
Damage means death, personal injury, or any loss or damages to property, but not pure economic loss.
Who can bring a claim under the Consumer Protection Act 1987?
Anyone suffering damage from a defective product can bring a claim, regardless of whether they purchased or used the product.
Who is liable for damage caused by a defective product?
Liable parties include the producer, anyone who holds themselves out as the producer, and importers.
What is the limitation period for bringing a claim under the Act?
Claims must be brought within three years from the date of injury or when the claimant became aware of the damage.
What is a key difference between the Act and negligence regarding foreseeability of harm?
Under the Act, foreseeability of harm is not a necessary part of establishing liability.
What is the effect of the Act on claims for business losses?
The protection afforded by the Act is limited to consumers, excluding recoverable business losses.
Who can sue for damages caused by a defective product?
Anyone suffering damage as a result of the defect can sue.
What is necessary to establish a duty of care in negligence?
Foreseeability of harm is a necessary part of establishing a duty of care.
What is the causation requirement under the Consumer Protection Act 1987?
The damage must be caused ‘wholly or partly’ by the defect.
Can claims for product liability be brought independently of negligence?
Yes, claims can be brought under the Consumer Protection Act 1987 independent of negligence or breach of contract.
Who can be sued under the Consumer Protection Act 1987?
Claims can be brought against the person that produced the product.
Is fault required to establish liability under the Consumer Protection Act?
There is no need to show ‘fault’ on the part of the defendant.
What types of claims can be made under the Consumer Protection Act?
Claims can be made in relation to death, personal injury, and loss/damage to domestic property.
What case established that a manufacturer owes a duty of care to product users?
Donoghue v Stevenson [1932] AC 562 established that a manufacturer owes a duty of care to those who use its products.
Do manufacturers owe a duty to parties that neither bought nor used the product?
Yes, as established in Stennett v Hancock [1939] 2 All ER 578.
Is there an absolute duty to inspect and test every product?
There is not an absolute duty; what is reasonable depends on the circumstances.
What is pure economic loss in the context of defective products?
Pure economic loss refers to the loss of the product itself, which is generally not recoverable.
How must breach be analyzed in product liability cases?
Breach must be analyzed by considering the standard of care expected of the manufacturer.
What can establish breach in many cases?
The presence of a defect in a product can be sufficient evidence to establish breach.
What is particularly difficult to prove in product liability cases?
Proving a breach related to the design of a product is particularly difficult.
What must be established in relation to causation?
Causation must be established following the usual principles.
What can break the chain of causation in product liability cases?
A claimant’s failure to follow warnings or instructions may break the chain of causation.
What is the summary of negligence for defective products?
A manufacturer owes a duty of care to users, breach must be established, and causation must be proven.
