PRODUCT LIABILITY LAW : DEFECTIVE PRODUCTS

Product liability law deals with the liability of the producer, manufacturer, wholesaler, own brander or retailer of goods for personal injury resulting from dangerous and defective products. The law has evolved to the point where almost anyone injured by a “defective” product can bring an action for damages against several parties involved in the distributive chain of the product usually without the necessity to prove negligence.

The Consumer Protection Act 1987 is part of product liability law and safeguards the consumer from goods that do not reach a reasonable level of safety by removing the need to prove negligence to claim compensation for injury whether or not the product was sold directly to them. A customer can already sue a supplier, without proof of negligence, under the existing sale of goods law. Any injured person can now take legal action against the producers of goods who will usually be the manufacturer or processor or the person who obtained them in the case of raw materials. The Act covers all consumer goods, products used at work and both cooked and raw food. A company that just packages goods without altering the essential characteristics of the goods will not be liable. Importers into the European Community and own-branders who put their own name on the product are now also liable under the act. Wholesalers and retailers are not liable under the act unless they refuse to identify the producer, importer or “own-brander” if requested to do so by a person suffering personal injury. Any legal action must be issued in a court of law within 10 years of the product being supplied by the producer and the normal rules of limitation of legal actions for personal injury apply.

A defective product is one where the safety of the product is not such as persons generally are entitled to expect. Matters considered by a court in this respect are as follows:

• the way in which the product is marketed
• instructions or warnings that accompany the goods
• what might reasonably be expected to be done with the goods
• the time the producer supplied the product

There are 6 defences to proceedings for damages under the act as follows:

• the alleged producer did not supply the product
• scientific and technical knowledge was not sufficiently advanced to identify the risk
• the defect was the inevitable result of complying with the law
• the defect was not in the product at the time of supply
• a component manufacturer will not be liable if the defect was due to the design of the finished product
• a component manufacturer will not be liable if the defect was due to defective specifications given to the component manufacturer

We represent a group of product liability law solicitors who are all members of The Law Society panel of personal injury experts. No win no fee compensation is paid in full and you will not be expected to fund or finance your risk free claim. Call us or submit your details on our online claim form and we will contact you.