Product Liability

Question 1

Which Legislation governs Prouduct Liability?

Answer 1

The Consumer Protection Act (“CPA”) 1987, a Strict-Liability regime.

A Person can pursue others Claims, i.e. Negligence and Breach of Contract, in parallel.

Question 2

What is a Product?

Answer 2

Any Good or Electricity.

Question 3

What is a Defect?

Answer 3

• A deficiency that decreases a Product’s safety below what a Person is generally entitled to expect;
• As informed by any warnings and the Product’s ordinary and advertised uses.

This is a higher standard than in Negligence.

Question 4

Who can Sue for Product Liability?

Answer 4

Anyone harmed by a Defect.

This is limited to Consumers, and does not include Businesses.

Question 5

Who can be Sued for Product Liability?

Answer 5

• The Product’s Supplier.
• The Product’s Producer.
• The Product’s Importer into the UK, operating in the Course of Business.
• Any Person suggesting it is the Product’s Producer through a distinguishing mark.

If multiple Parties are held Liable, their Liability will be Joint and Several.

Question 6

When will the Product’s Supplier be Liable?

Answer 6

• The Aggrieved Person is unable to identify the Prodcuer or Importer by itself; and so
• Requests their details from the Supplier, which itself cannot identify either Party.

Question 7

What is a Producer?

Answer 7

• For Exploited Products, the Exploiter.
• For Manufactured Products, the Manufacturer.
• For Products whose essential traits are imbued by a Process, the Process’s Executor.

Question 8

Under CPA 1987, which Types of Loss are Recoverable?

Answer 8

• Death.
• Personal Injury.
• Property Damage

Question 9

Under CPA 1987, what are the Limits on Recovering Property Damage?

Answer 9

A Person cannot recover:

• The Loss of the Product itself or any composite thereof.
• Damage to Property at or below £275.
• Damage to Property that usually intended for Public use, occupation, or consumption.
• Damage to Property that is intended by the Person for Public use, occupation, or consumption.

Question 10

What are the Defences for Product Liability?

Answer 10

Compliance with Legal Requirements:

• The Defect is attributable to compliance with any requirement imposed by the Law.

Non-Supply:

• The Defendant did not supply the Product.

Supply other than in the Course of Business:

• The Defendant supplied the Product outside the course of business and without intention to create a profit.

Absence of Defect at the Time of Supply:

• The Defect was absent when the Product was supplied.

State of the Art:

• When the Product was supplied, the State of the Art could not have permitted the Defect.

External Cause of Defect:

• The Defect was in a component used within a Subsequent Product, which then caused the Original Product to become Defective.

Contributory Negligence is also available.

Question 11

Can Product Liability be Excluded or Limited?

Answer 11

No.

Question 12

What is the Limitation Period for a Product Liability Claim?

Answer 12

A Claim must be brough within three years from the later of:

• The Date of Damage; or
• The Date of Actual or Constructive Knowledge of Damage.

There is an absolute deadline of ten years from product circulation by the Defendant.