Product liability

Product liability

1. Can be brought in one of two ways

   • Consumer Protection Act 1987
     • Consumer Protection Act 1987
   • By an act of Negligence
     • There is an automatic duty of care from manufacturer to consumer
       • 'Manufacturer' has been widened to include retailers
         • Kuback v Holland
       • 'Consumer' has been widened to include any person In contact with the product
         • Grant v Austrailian knitting mills
       • Neighbour principle - Donoghue v Stevenson
       • You need to prove Breach of duty
         • Risk factors lower the standard of care
           • Special characteristics of the defendant
             • Proffesionals
               • Bolam v Friern test
             • Wells v Cooper
           • Special characteristics of the claimant
             • Paris v Stepney borough council
           • Size of risk
             • Haley v London borough council
           • Benefits of the risk
             • Watt v Hertfordshire
           • Were all practical precautions taken?
             • Latimer v AEC
         • Need to prove Damage
           • Causation
             • Legal
               • Wagon Mound case
             • Factual
               • Barnett v Chealsea
           • Remoteness
             • Foreseeability
               • Wagan mound
             • Type of damage
               • Bradford v Robinson rentals
               • Hughes v Lord Advocate
             • Thin skull rule
               • Smith v Leech Brain
           • Are there any possible defences?
             • Contributary negligence
               • Law Reform Act 1945