I know you said to start off with Occupiers' Liability Alex but I thought I'd share some of my notes on Product Liability. Please correct me if any of this is wrong.
Product Liability
1) How does Section 1(2) Consumer Protection Act 1987 define a product’?
“Product means any goods or electricity and includes a product comprise in another product, whether by virtue of being a component part or raw material”. The term doesn’t only cover manufactured good e.g. - radios and computers, but also natural products, such as coal or flowers. In the case of A v National Blood Authority, it was held that contaminated blood counted as a ‘product’ under the Act.
2) How does Section 1(2) Consumer Protection Act define a ‘producer’?
The producer can be:
? The manufacturer of the product, this also includes the manufacturers of certain components of a ‘final product’. So theoretically both the manufacturer of the final product and the component are liable.
? Someone who has ‘won or abstracted’ the product e.g.- a mining company
? ‘Owner brander’, liability is still imposed on a person who brand-names a product or claims to be the producer in any way (retailers can only be liable for defects in own-brand goods).
? The importer of the product into the EU from outside (if you brought a fault Chinese food mixer, you could sue the firm that imported it into the UK).
Section 2(3) states that any supplier of a product is liable unless he complies and can name the actual manufacturer (in the EU) or the importer (in the EU). This would exonerate distributors, retailers and wholesalers.
3) How does Section 3 Consumer Protection Act define a ‘defect’?
“When the safety of the product is not such as a person’s generally entitled to expect”
4) In assessing whether a defect exists, what will the court take into account under Section 3(2)?
The court will take into account:
? Manner in which and the purposes for which the product has been marketed, including any marketing claims.
? Packaging of product.
? The use of any mark in relation to the product e.g.-Kite mark for British Standards Institution.
? Instructing for, or warning with respect to, doing or refraining from doing anything in relation to the product e.g.- dosage on medicine.
? What might be reasonably expected to be done with the product.
? Time when the product was supplied by its producer to another.
5) Summarise the cases of A v National Blood Authority and Abouzaid v Mothercare.
A v National Blood Authority- it was held that contaminated blood counted as a ‘product’ under the Act.
Abouzaid v Mother care- it was held that the severe consequences of the injury inflicted on a 12 year-old-boy indicted that the sleeping bag was defective.
6) Liability under the Act is not strict- 4 possible defences (Section 4)
? Product is defective because the product has to be complying with legal requirements. However, this defence only proves the D not guilty if the defect was an inevitable result of such compliance.
? The defendant did not sell the product to a person. For instance, this protects the defence when the product has been stolen and then sold onto the customer who is then injured because of the defect.
? Supply by defence was not in the course of business and was not carried out for revenue. For example, if Mary bakes some cakes and Ian is poisoned he can’t sue under the Act.
? Scientific/ technological knowledge at the time when the producer put the product into circulation was not capable of discovering the existence of the defect. This failed in A v National Blood Authority because the judge ruled that the authority was are of the risk that the blood they supplied might have been contaminated.