Product Liability Claims

Product liability claims may be brought under the Consumer Protection Act 1987 (‘CPA’), in negligence, or through a Breach of Contract.

photo-1441804238730-210ce1c2cc00

The CPA imposes liability on the producer of defective products for damage caused by the defect. The definition of defective is somewhat open to interpretation but has been defined as ‘A product not being as safe as persons might generally expect them to be.’ Strict liability applies which means it is not necessary to prove that the manufacturer was at fault in causing the defect, but it is sufficient for the Claimant to prove a defect and a causal relationship between the defect and the injury suffered.

Contact Us

Claims of Product Liability

Claims may only be brought under the CPA in relation to defective products in circulation after 1 March 1988. Any claims arising from defective products before this date would have to be brought by way of breach of contract claims or negligence claims. Consumer contracts are regulated by the Consumer Rights Act 2015, while business to business contracts would be regulated under the Sale of Goods Act 1979 and Supply of Goods and Services Act 1972.

Section 2 of the CPA states that liability for a defective product rests with the manufacturer of the product, the importer of a product in the EU or someone who holds themselves out as the manufacturer of the product by way of trademark or labelling of the product. The supplier, either distributor, retailer or wholesaler, could potentially be liable in place of the manufacturer if they failed to identify the manufacturer, or at minimum failed to identify the person(s) who supplied the product.

In negligence claim liability would rest with any person or organisation in the supply chain found to be negligent.

8-6-21-Richard-Nelson-1152-STITCH-scaled-e1644316928329

Contractual Liability

Contractual liability is more complex to establish, as it would depend on the contractual agreements between the manufacturer, distributor, customer and others and therefore liability could be passed down the supply chain. Exclusion clauses would also need to be looked at in any agreements.

In addition to the above, it is important to be aware that under the General Product Safety Regulations 2005 (‘GPSR’) manufacturers must ensure they only place safe products on the market and take steps to manage any identifiable risks, including recalling defective products, issuing warnings or withdrawing defective products from the market. A breach of the GPSR can lead to criminal sanctions being imposed as well as civil sanctions. The criminal sanctions could be a 12-month term of imprisonment and/or an unlimited fine.

Speak to our solicitors

This is a complex area of law and if you require further advice please contact us at garyroy@richardnelsonllp.co.uk or call us.

Our product liability claims lawyers can advise businesses and individuals in a range of issues, including:

– Provide advice in claims of product liability
– Advise parties in the supply chain on contractual liability; including manufacturers, distributors and customers

Specialist solicitors

Our multidisciplinary team is made up of specialists in a wide range of services, which means you'll always be represented by an expert in your area.

No-strings initial call

Get in touch to arrange a no-obligation, fully confidential call to discuss your case and work out if you want to continue.

Nationwide support

Speak to solicitors in one of our offices throughout England and Wales, or arrange calls and remote meetings.

95%

rated on Reviews Logo

Proudly proving excellence

Our people

Our team of experts are here to help.

Information

Stay in touch with Richard Nelson LLP.

8-6-21-Richard-Nelson-0609-min-1

Richard Nelson LLP earns Great Place To Work Certification

ethan-wilkinson-UJdx3XM3xao-unsplash-scaled

Defence Engagement during a Police Investigation

pexels-rodnae-productions-7841479-scaled

Why you need proper legal advice and assistance with a Minded to Bar matter

1 of 3

Contact our legal advice specialists today.

Are you interested in Product Liability Claims?

Use the form on the right to get in touch with our team and arrange an initial call to discuss your situation. We will use this no-obligation, fully confidential initial call to learn more about your case and help you understand your options going forward.

Agree*
This field is for validation purposes and should be left unchanged.