Product Liability

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Product Liability

Duty of care

Neighbour principle – Lord Atkin

Donoghue v Stevenson –

manufacturer to ultimate consumer

Retailer as defendant – Fisher v Harrods

Who can be claimant?

Anyone affected by defective

product – Stennett v Hancock

Caparo v Dickman – test to

establish DoC – usually not needed for product liability

Breach

Judged against standard of care

of reasonable person in same circumstances – Blyth v Birmingham Waterworks

Fault manufacturing process

Res ipsa loquitur – Grant v Australian knitting mills/Carrols v Fearon

Warnings/labels – Kubach v Hollands

Intermediate examination – Griffiths v Arch engineering

Causation and remoteness

But-for test – Barnett

Multiple causes – Evans v Triplex safety glass

Reasonably foreseeable damage – Wagon Mound

Damage

Personal injury

Property damage

Cannot claim for value of the

defective item – Muirhead

Defences

Contributory negligence – Griffiths v Arch engineering

Consent

Remedies – damages are payable but

reduced if contributory negligence applies

Product liability under the CPA

1987

Abouzaid v Mothercare – liability

is strict

Defendant

Manufacturer – Bogle v McDonalds

Importer - supplier -

someone who gives product main characteristic -

abstracter of substance - someone

holding themselves out as producer

Product

Any goods – includes component

part and blood – A v National Blood

Authority

Defect

Safety not of standard claimant

can reasonably be entitles to expect – Richardson

Marketing

Reasonable expectations as to use

of product

Time of supply

Warnings – Worlsey v Tambrands

Damage

Personal injury

Property damage over £275

Non-business related damage

Cannot claim for value of

defective good – Muirhead

Defences

Contributory negligence

Development risks defence – European commission UK

Non-supply

Non-commercial profit

Defect did not exist when product

put into circulation

Compliance with the law

Product is component part which

is part of larger defective product

Defences

Damages payable for loss