Consumer protection for defective or dangerous products—legal bases
Consumer protection for defective or dangerous products—legal bases

The following Commercial practice note provides comprehensive and up to date legal information covering:

  • Consumer protection for defective or dangerous products—legal bases
  • Introduction
  • Civil claims
  • Contract
  • Excluding or limiting liability
  • Negligence
  • Breach of statutory duty
  • Criminal/regulatory claims

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Commercial?

Brexit: As of exit day (11pm on 31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this Practice Note. For further guidance, see Brexit Bulletin—key updates, research tips and resources and Brexit toolkit.

This Practice Note sets out the different legal bases of consumer protection in respect of dangerous or defective products. It considers civil claims, including claims for breach of contract, negligence or breach of statutory duty, as well as criminal liability and regulatory claims.

For an overview of the product liability content, see: Product liability—overview.

Introduction

Product incidents can be divided into two categories, namely:

  1. those where there is a risk of injury arising from the use of the product (‘dangerous

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