PRODUCT LIABILITY LAW

Consumers in the United Kingdom are now protected against unsafe products sold or released after the 1st of March1998 by specific product liability law that covers England, Wales, Scotland and Northern Ireland. The legislation which is far reaching, has recently been extended to cover many more products by the General Product Safety Regulations 1994 and is to be found in the following Acts :-

• Northern Ireland- the Product Liability (Amendment) Act (Northern Ireland) 2001
• Scotland- the Consumer Protection Act 1987 (Modification) (Scotland) Order 2001 (Statutory Instrument 2001 No. 265)
• England and Wales- the Consumer Protection Act 1987 (Modification) Order 2000 (Statutory Instrument 2000 No. 2771)

Under current product liability law consumers can take legal action for damages for personal injury against the producer of any unsafe goods which cause harm without needing to prove negligence. The word ‘producer’ normally refers to the actual manufacturer. For raw materials, the entity that obtained the raw materials is the producer. In other cases, the processor can also be designated as the producer. On the other hand, entities that only repackage goods without changing the inherent qualities of the product are not considered to be producers. Importers of goods into the UK and the EC are also held responsible for their products, as well as those who "own brand" when they do not want to reveal the identity of the importer. Most of the time, these entities are covered by insurance against consumer complaints.

Product liability law does however give producers or importers some potential defences to compensation claims including :-

• stolen or fake goods
• at the time of manufacture, the technology wasn't sophisticated enough to identify the defect
• the defect was an unavoidable result of regulations that had to be followed
• the retailer caused the defect
• producers of components can deny responsibility if the defect is due to the overall product and not due to the individual components

Based on product liability law, a product is deemed defective when its safety features fall short of reasonable consumer expectations. This does not mean, however, that products which are of poor quality are necessarily defective. Older versions of products, for example, are not considered unsafe merely because a newer version has been released in the market. It is up to the court to decide whether or not a product liability claim is substantiated. In making its decision, the court has to take the following into consideration :-

• the manner in which the item was marketed
• the warnings and instructions provided with the product
• the original purpose of the item and how it was used
• the time the item was supplied

Our solicitors use the no win no fee scheme and offer free advice without any further obligation. Our claims are always risk free and we do not ask you to pay anything as the case proceeds. Compensation is paid in full with no deductions. If you are the victim of defective goods then you can file a claim for damages. If you would like advice on a claim for compensation for personal injury caused by a defective product just complete and send the contact form or use the helpline and a solicitor will give free advice on product liability without any further obligation.