This Practice Note summarises the law on defective products under the Consumer Protection Act 1987 (CPA 1987) and Council Directive 85/374/EEC (the EU Product Liability Directive). The CPA 1987 imposes liability on producers of defective products. This Practice Note considers what constitutes a defective product under the CPA 1987, who in the supply chain could be liable for the defective product, their degree of liability and any contributory negligence issues, the type of damages and the various defences available to a producer. It also looks at reports on the efficacy of the EU Product Liability Directive and possible future reform.
This Practice Note explains the statutory product safety regime in the UK, covering civil and criminal liability under the Consumer Protection Act 1987 (CPA 1987), the General Product Safety Regulations 2005 and the Health and Safety at Work Act 1974. It considers emerging case law impacting the definition of defect and burden of liability under the CPA 1987 as provided for in Wilkes v DePuy and Colin Gee v DePuy.
This Checklist sets out the key issues for consideration when drafting contractual provisions for business to business contracts concerning product safety and liability.
This Checklist sets out the key issues for consideration by a business when dealing with a product safety matter. It sets out what a business should consider when designing systems to manage product liability risk in this area, including with reference to the Code of Practice on Consumer Product Safety Related Recalls and Other Corrective Actions (PAS 7100:2018).
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