PRODUCT LIABILITY LAW - COMPENSATION SOLICITORS

It is no longer necessary that a claimant prove a manufacturer’s negligence in order to receive compensatory damages for injury resulting from their products. Relevant UK statutes are as follows :-

Scotland - Consumer Protection Act 1987 (Product Liability) (Modification) (Scotland) Order 2001 (Statutory Instrument 2001 No. 265)

England and Wales - Consumer Protection Act 1987 (Product Liability) (Modification) Order 2000 (Statutory Instrument 2000 No. 2771)

Northern Ireland - Product Liability (Amendment) Act (Northern Ireland) 2001

Claims under product liability law can be made against :-

• The "producer" (manufacturer, abstracter or processor)
• Self-branders (if the brander will not provide the name of the producer or importer)
• Importers from non-EC countries

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A defective product is defined as an item where the level of safety is less than an individual should reasonably expect however it should be noted that low quality does not automatically define a product as defective. A claimant seeking compensatory damages must prove that the product’s defect is the cause of the damage or injury in question. The Limitation Act requires that the case must be settled or a court must issue proceedings within three years of the accident; if ten years or more have passed since the product was supplied, any liability claims will fail.

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Some possible defences under product liability law for a producer or importer are as follows :-

• the goods were stolen or counterfeit copies
• technical knowledge at the time of supply was inadequate to discover the defect
• the defect was the inevitable result of compliance with a regulation
• the defect was caused by a retailer
• the product was not supplied in the course of a business
• the producer of a component or part of a product is not responsible if the defect was due either to the design of the finished product or to improper specifications given by the producer of the finished product

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If you feel that you may be entitled to compensatory damages based on defective or substandard consumer goods, food products, bio-medical devices or pharmaceutical products, call us today on our helpline or submit the contact form for a completely risk-free, no obligation consultation with one of our experienced product liability claim solicitors.