Product liability

Product liability

The statutory regimes

The key UK legislation for product safety and liability is found in the Consumer Protection Act 1987 (CPA 1987) which implemented Council Directive 85/374/EEC on liability for defective products (the EU Product Liability Directive). Civil liability for defective products is provided for under CPA 1987, Part I. Criminal liability for unsafe or dangerous products is provided for under CPA 1987, Part II which provides that the Secretary of State may make such safety regulations as appropriate to ensure that goods are safe. Furthermore, the General Product Safety Regulations 2005 (GPSR 2005), SI 2005/1803 set out a parallel requirement that consumer products should not be dangerous. The GPSR (or aspects thereof) apply to the extent that the products are not covered by requirements set out in specific safety regulations.

Liability for defective products

Part I of the CPA 1987 imposes strict civil liability for defective products. A producer (or other person in the supply chain) will be liable to pay damages for death, personal injury and damage to personal property (with a value of £275 or more). Products are defined to include goods, electricity,

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