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

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

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

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 products’ or ‘unsafe products’), and

  2. those where the product does not function properly (‘defective products’)

In both cases, a recall or other remedial action may be required to protect the brand and aggrieved consumers may bring civil claims. However, quality issues alone will rarely result in criminal sanctions against suppliers or manufacturers.

For more information on recalls and corrective actions, see:

  1. Practice Note: Product safety notification and corrective actions

  2. Product liability—corrective actions—checklist

  3. Product liability—product safety—checklist

For more information on