product liability

Question 1

what does product mean?

Answer 1

any good or electricity and includes a product which is comprised in another product, whether by virtue of being a competent part or raw material or otherwise

(means any goods and something which is included as a component or raw material in something else is still a product)

Question 2

what does defect mean?

Answer 2

defect in a product if the safety of the product is not such as persons generally are entitled to expect and for those purposes ‘safety’ in relation to a product, shall include safety with respect to products comprised in that product and safety in context of risks of damage to property as well as context of risks of death or personal injury

Question 3

what does damage mean?

Answer 3

any death or personal injury or any loss or damages to any property

Question 4

what should be considered when looking at claims for defective products?

Answer 4

consider:
- negligence
- breach of contract
- and the act

Question 5

can a claim be brought for product liability if the loss is one of pure economic loss?

Answer 5

no

Question 6

what are two further limitations on the type of damage which can be claimed for under product liability?

Answer 6

1. no claim can be brought in relation to damage to property unless sum to be awarded exceeds £275 (excluding interest)
2. no claim for damage to property can be brought unless 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

Question 7

how much must a claim exceed in order to bring a product liability claim?

Answer 7

claim must exceed £275 (excluding interest)

Question 8

what must property be intended to be used for to bring a claim for damage to property?

Answer 8

intended for private use / occupation / consumption and intended by the person suffering the loss or damage mainly for his own private use / occupation / consumption

Question 9

do you need to show fault on the D’s part to bring a claim for product liability?

Answer 9

no, there is no need to show fault on the part of the D as it is a strict liability offence

Question 10

Can a party bring a claim on the basis of both negligence and the Consumer Protection Act 1987?

Answer 10

yes

Question 11

Under the Act, liability potentially arises in relation to damage caused by a ‘defect’ in a product. A product is defective if it…

Answer 11

is not as safe as people are generally entitled to expect

Question 12

who can you bring a claim for product liability against?

Answer 12

• against any person that produced the product
• any person holding themselves out to be the producer of the product
• any person who has imported the product into the UK from a place outside the UK to supply to another

Question 13

what does ‘producer’ mean?

Answer 13

products that are manufactured = manufacturer
products that are won or abstracted = person who won/abstracted it
products that dont apply to the other two sections but essential characteristics are attributable to a process carried out = the person who carried out that process

Question 14

who can bring a claim under product liability?

Answer 14

typically it is consumers who can bring a claim under the act NOT business losses

Question 15

if a person doesnt buy or use the product can they claim for a defect in the product?

Answer 15

yes they can it is anyone who is suffering damage as a result of the defect can sue

Question 16

what are the two defences which a party can bring to prove there is no product liability?

Answer 16

1. the defect didn’t exist in the product at the relevant time; or
2. the state of scientific and technical knowledge at the relevant time was not such the a producer of products of the same description as the product might have expected to have discovered the defect if it had existed in products that were under his control

Question 17

is there a defence if the manufacture is aware of a defect but the state of scientific/ technical knowledge is such that the defect cannot be fixed?

Answer 17

no this is not a defence to a claim

Question 18

how long must a claim for product liability be brought within?

Answer 18

it must be brought within 3 years from the later date of:
1. the date of injury and or damage occurred; OR
2. when claimant became aware or should reasonably have become aware of the damage

Question 19

what is the long stop limitation (time limit) after product was put into circulation by D for product liability?

Answer 19

long stop of 10 yers

Question 20

Can exemption clauses exclude or limit liability for claims under the CPA 1987?

Answer 20

no, it is not possible to exclude or limit liability under the act

Question 21

what did the case of Donoghue v Stevenson do in terms of who owes a duty - extending liability? (defective products and negligence)

Answer 21

liability can be extended to other parties involved with the product eg, this repairing a product may also owe a duty of care as well as suppliers, distributors should inspect the product

Question 22

what is the effect if the defect stems from a problem in the design of the product rather than the manufacturing process on breach?

Answer 22

the breach may be even more difficult to show

Question 23

what is the immediate inspection point for manufacturers when considering causation for negligence and defective products?

Answer 23

where there is reasonable probability of intermediate examination - so manufacturers are held liable if there is no reason to contemplate than an intermediate inspection will occur

Question 24

if there is a warning to test the product or to use it in a particular way and C fails to do this - can this break the chain of causation?

Answer 24

yes, this can break the chain of causation

Question 25

When assessing whether a manufacturer has breached any duty owed, the key question is…

Answer 25

Whether the manufacturer fell below the standard of a reasonably competent manufacturer.