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PRODUCT LIABILITY - Coggle Diagram

- - - - Legal doctrine, holds party RESPONSIBLE for ACTIONS OR PRODUCTS, without the plaintiff having to PROVE NEGLIGENCE OR FAULT
      - Law imposes a DUTY to take EXTRA CARE due to the HAZARDOUS NATURE of the activity
  - - - 1 Fails to provide the SAFETY one is ENTITLED to EXPECT, taking all circumstances into account
        
        PRESENTATION of the PRODUCT
        
        USE to which it could REASONABLY be expected the product would be put
        
        Cassells V Marks & Spencers plc (2002)
        
        Court Held: def NOT liable for 5 year old's serious burns, child's nightwear label sufficient warning as per regulations "Keep away from fire"
        
        TIME when put into CIRCULATION
      - 2 SUBSEQUENT BETTER product DOES NOT render product DEFECTIVE
  - - - eg stolen, still in production & employee injured
- - - - STRICT LIABILITY
        
        Does NOT have to prove FAULT
- - - - WHOLLY or PARTLY by a DEFECT in the product
      - Manufacturer
      - Importers into EU
      - Suppliers in certain circumstances
  - - - CAUSATION
        
        Once link is established, liability is STRICT