DEFECTIVE PRODUCT CLAIM :: PRODUCT LIABILITY LAW

Product liability law deals with the legal responsibility of the producer, manufacturer, wholesaler, own brander or retailer of dangerous goods. The law has evolved to the point where almost anyone injured by goods that fail to reach an acceptable standard can bring a defective product claim against several parties involved in the distributive chain without the necessity to prove negligence.

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Product liability law includes the Consumer Protection Act 1987 which safeguards the consumer against goods that do not reach a reasonable level of safety by removing the need to prove negligence in a defective product claim for personal 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 for a defective product claim 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.

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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 a defective product claim 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

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There are 6 defences to a defective product claim 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

SOLICITORS HELPLINE 0870 174 0140

Our lawyers operate throughout the United Kingdom and they are all members of Solicitors Regulation Authority 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.