Product Liability

Donoghue v Stevenson

gave consumer rights against the manufacturers of defective products they they lacked under the law of contract

The Consumer Protection Act 1987

provides a comprehensive set of remedies for consumers in the case of defective products

only concerned with the safety of goods

strict liability - the claimant only has to prove that the defendant cause their injury or damage

defendant can be liable even where there was nothing he could have done to prevent damage or injury

In order to bring a claim under the CPA, the claimant must show that:

  1. the product contained a defect
  2. the claimant suffered damage
  3. the damage was caused by the defect
  4. the defendant was the producer, importer, or person responsible for any process that adds "essential characteristics" to a product

Product

any goods or electricity and includes a product which is comprised in another product

goods - substances, growing crops and things comprised in land by virtue of being attached to it by ship, aircraft or vehicle

Defect

goods are defective if their safety is not such as "persons generally are entitled to expect, taking into account all the circumstances

Boyle and Others v McDonalds Restaurants Ltd

A and Others v National Blood Authority

Limitations

does not cover damages to business property

does not cover small property damage and and only damages over £275 can be awarded to deter frivolous claims

all personal claims, however small, are covered

Time limit

claim for personal injury must be brought within 3 years of the loss becoming apparent

an absolute limit of 10 years from the date when the product was supplied

claim for any action not involving personal injury - within 6 years of the date when the right to sue arose

Criminal Liability

companies which manufacture or sell unsafe products can be prosecuted under the General Products Safety Regulations 2005

usually try to persuade companies to remove unsafe products