Description of the legal term Product Liability:
Product liability refers to the legal responsibility of a manufacturer or seller for selling a defective product that causes injury or damage to a consumer. In the United Kingdom, this area of law is governed by a mixture of common law principles, which are derived from case law, and statutory regulations, primarily the Consumer Protection Act 1987, which implements the European Directive on product liability.
Under this framework, a claim can be brought by a person who suffers harm as a result of a defect in a product. The law recognizes that manufacturers, distributors, suppliers, retailers, and others who make products available to the public have a duty to ensure that their products are free from defects that could cause harm. The nature of the product, the foreseeable risks of harm, and the manner in which the product is marketed are amongst the factors taken into account when determining liability.
One of the key elements of product liability is the concept of ‘defectiveness’. A product is considered defective when it does not provide the safety which a person is entitled to expect. This standard takes into account the product’s marketing, its use, and the time when it was supplied, among other factors. Importantly, claimants do not always need to prove negligence; liability for a defective product is often established on a strict liability basis, meaning that if the product is defective and causes harm, the producer is liable regardless of whether they were negligent.
The Consumer Protection Act extends liability to cover damage caused by defective products to property as well as personal injury. A person injured by a defective product has three years from the date of the injury (or the date they became aware of it) to bring a claim. However, there is a ‘longstop’ provision, meaning no claim can be brought more than ten years after the product was first put into circulation, unless the harm was not immediately detectable.
Product liability claims can be complex because they may involve technical evidence about the product’s design or manufacture. Liability under the Consumer Protection Act may require a different approach than a common law negligence claim, even though both could arise from the same incident.
Legal context in which the term Product Liability may be used:
One example of product liability can be drawn from the automotive industry. Suppose a car manufacturer releases a new model to the public, which includes an innovative braking system. Later on, it is discovered that due to a manufacturing defect, the brakes may fail in certain conditions, leading to accidents and injuries. Those injured as a result of the brake failure could bring a product liability claim against the manufacturer. They would argue that the braking system was defective, and as such, it failed to provide the safety expected of it. Even if the manufacturer was unaware of the defect and had not been negligent in the design of the brakes, they could still be held liable for the injuries caused.
Another context where product liability laws are prominent is in the pharmaceutical industry. Consider a scenario where a pharmaceutical company releases a new drug that has been approved by the health regulators. However, after some time on the market, it is discovered that the drug causes severe side effects that were not disclosed, and that the company had data suggesting these risks but did not provide adequate warnings. Patients experiencing these adverse effects could make a claim against the company under product liability provisions. The central argument would be that the drug was not as safe as they were entitled to expect and that insufficient information about its risks had been provided.
Understanding the nuances of product liability is crucial for both legal practitioners advising businesses on compliance with product standards and safety regulations, and those representing consumers who have been harmed by defective products. It is a key aspect of consumer protection law and serves as a deterrent for manufacturers and suppliers, encouraging them to produce and distribute safer products. This area of law also ensures that injured parties are able to seek and obtain compensation for their injuries and losses, thereby emphasizing the accountability of producers and suppliers within the market.