Product liability

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The statutory regimes

The key UK legislation for product safety and liability is found in the Consumer Protection Act 1987 (CPA 1987) which implemented Council Directive 85/374/EEC on liability for defective products (the EU Product Liability Directive). Civil liability for defective products is provided for under CPA 1987, Part I. Criminal liability for unsafe or dangerous products is provided for under CPA 1987, Part II which provides that the Secretary of State may make such safety regulations as appropriate to ensure that goods are safe. Furthermore, the General Product Safety Regulations 2005 (GPSR 2005), SI 2005/1803 set out a parallel requirement that consumer products should not be dangerous. GPSR 2005 (or aspects thereof) apply to the extent that the products are not covered by requirements set out in specific safety regulations.

For a brief description of key legislation, resources (including government guidance) and related matters regarding product liability, product safety, produce corrective actions, market surveillance, standards and conformity marking in the UK, see Practice Note: Key product regulation legislation and resources—summary.

Liability for defective products

CPA 1987, Part I imposes strict civil liability for

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