Product liability risk management for producers
Produced in partnership with Simon Castley of Shook, Hardy & Bacon
Product liability risk management for producers

The following Commercial guidance note Produced in partnership with Simon Castley of Shook, Hardy & Bacon provides comprehensive and up to date legal information covering:

  • Product liability risk management for producers
  • Risks
  • Pre-contractual measures
  • Contractual protection
  • Insurance
  • Risk management

STOP PRESS: In 2018, the UK government launched a new national oversight body, the Office for Product Safety and Standards (OPSS), which aims to ‘identify consumer risks and manage responses to large-scale product recalls and repairs’. The role of OPSS is to provide services that are difficult to co-ordinate at local authority level. This development is in some ways a game-changer. The OPSS is expected to give rise to a more targeted and perhaps more pre-emptive approach. In March 2018, the OPSS published a code of practice on how a business can monitor the safety of products and plan for a recall, and how Market Surveillance Authorities such as local authority trading standards can support businesses in monitoring incidents and their implementation of corrective action. For further information, see News Analysis: Strengthening the UK’s product safety regime and LNB News 07/03/2018 125. This Practice Note is currently being updated to reflect these developments.

This Practice Note explains the risks faced by producers in respect of their liability to members of the public for dangerous or sub-standard products, and the steps which producers can take to manage that risk.

Risks

Any business trading in consumer goods (or goods that may fall into the hands of a consumer) needs to be aware of the requirements of existing legislation and common law