12 - TORT - Product

Question 1

For product liability, how is ‘product’ defined?

Answer 1

Any good or electricity, including product comprised in another

Question 2

Which act covers product liability?

Answer 2

Consumer Protection Act 1987

Question 3

How is ‘defect’ defined for product liability?

Answer 3

If safety of product is not such as persons generally are entitled to expect 🔥

Question 4

What damage can be claimed for product liability?

Answer 4

• Death ☠️
• Personal injury 🤕
• Property damage 🏚️ (must exceed £275 and be property intended for private use by person suffering loss for private use)

Question 5

What damage cannot be claimed under product liability?

Answer 5

• PEL 💸
• loss of product itself 🎁
• loss of any product supplied with the product itself 🎁💝

Question 6

Who may be liable for product liability?

Answer 6

• The producer 🏭
• Anyone who held themselves out as the producer 👋🏭
• Anyone who imported product into the UK 🌏

Question 7

When will someone who supplied a defective product be liable for product liability?

Answer 7

Where victim asks for producer’s details w/in a reasonable time, they can’t identify them & supplier fails to identify them

Question 8

Who can bring a claim for product liability?

Answer 8

Anyone suffering damage due to defect
🏚️🤕☠️

Question 9

What defences are there for product liability?

Answer 9

• Defect did not exist in product at relevant time 🕰️
• State of scientific/technical knowledge at relevant time 🔬
• Contributory negligence 🤝🕳️
  (Exemption clauses are not valid)

Question 10

What time limitations are there for product liability claims?

Answer 10

Claim must be brought w/in 3 years from later of:
(i) Date damage occurred 💥
(ii) C became aware/reasonably should have, of the damage 💡
Long stop of 10 years after product put into circulation by D 🕰️