Q&As

When is 'actual damage' sustained for the context of limitation in tort, when a defective product is supplied, and the supplier has a duty of care to exercise reasonable care and skill?

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Published on LexisPSL on 05/04/2018

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • When is 'actual damage' sustained for the context of limitation in tort, when a defective product is supplied, and the supplier has a duty of care to exercise reasonable care and skill?
  • A claim for damage suffered as a result of a defective product
  • Limitation period for claims under CPA 1987 for damages for defective products
  • When the limitation period starts and when damage is sustained
  • When the limitation period ends

When is 'actual damage' sustained for the context of limitation in tort, when a defective product is supplied, and the supplier has a duty of care to exercise reasonable care and skill?

A claim for damage suffered as a result of a defective product

A consumer can bring a claim for damage suffered as a result of a defective product under the Consumer Protection Act 1987 (CPA 1987).

To bring a claim, the thing that caused damage must be categorised as a product, the product must be defective and the claimant must bring the action against someone who can be liable for the damage caused by the defective product (producers, own branders and importers).

In this Q&A the claimant is bringing an action against the supplier. The supplier of the product, whether it be a wholesaler, distributor or retailer, may be liable in place of the producer if it fails, within a reasonable period after the damage occurs, to identify the producer or its supplier of the product higher up the chain following a request to do so by the person who suffered the damage.

For more information on the requirements to bring a claim under CPA 1987 for damage caused by a defective product, see Practice Note: Defective products at sections Products, Meaning of defective product and Persons liable.

Limitation period for

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