Tort 8 - Product Liability Flashcards
Who owes a duty of care in product liability under negligence?
Manufacturers, repairers, suppliers, and distributors may all owe a duty of care to anyone who comes into contact with the product.
How is breach of duty established in product liability negligence claims?
Like general negligence; presence of a defect often indicates breach. Claimant must prove breach.
When is breach harder to prove in product liability negligence?
When the defect is in the product design rather than manufacturing.
How is causation assessed in negligence claims involving products?
Using general negligence principles – includes intermediate inspections and user misuse/warnings.
What is the significance of Donoghue v Stevenson (1932)?
It established that manufacturers owe a duty of care to end users, even if the user didn’t purchase the product.
What is the main advantage of the Consumer Protection Act 1987 (CPA)?
Strict liability – no need to prove fault.
What is defined as a ‘product’ under the CPA?
Goods, electricity, components, and raw materials (e.g., computer chips, plastic in toys).
When is a product considered defective under the CPA?
When it is not as safe as people are generally entitled to expect.
What factors affect whether a product is defective under the CPA?
- Marketing
- Packaging
- Warnings
- Reasonable use
- Time of supply
- Nature of the product
Can you claim for the defective product itself under the CPA?
No – only for damage to other property (over £275) or personal injury.
What are the requirements to claim property damage under the CPA?
Property must be for private use and damage must exceed £275.
Who can be liable under the CPA?
Producers, branders, and importers of products into the UK.
Who can bring a claim under the CPA?
Any person who suffers damage – not just the buyer or user. Business losses are not covered.
What are the defences to a CPA claim?
- No defect at the time of supply
- Risk undiscoverable due to state of scientific knowledge
- Contributory negligence
Can liability be excluded under the CPA?
No – exclusion clauses are not allowed.
What is the limitation period under the CPA?
- 3 years from date of damage or awareness
- 10-year long-stop from date of product circulation
What is a major difference between CPA and negligence claims?
CPA does not require fault or foreseeability; negligence does.
Can contributory negligence apply under both CPA and negligence?
Yes – it can reduce the claimant’s damages in both.
What happens if a user ignores product warnings?
It may break the chain of causation, absolving the manufacturer of liability.
Can a claim be made under both CPA and negligence?
Yes – they complement each other and can be used alongside breach of contract claims.
