Consumer Protection Act, 1987

The Consumer Protection Act 1987 creates strict liability for damage or injury caused by defective products throughout the United Kingdom. A defective product is one where the safety of it is not such as persons generally are entitled to expect. Under the current law it is not necessary to prove negligence and the Act is another remedy for justice in addition to actions for negligence. The Act covers almost all goods and components or raw materials and legal action can be taken against

PRODUCT LIABILITY

Section 2 imposes civil liability in tort for damage caused wholly or partly by a defect in a product. Liability falls on:

  • Producers;
  • Persons holding themselves out as producers, for example by selling private label products under their own brand("own-branders"); and
  • Importers into the European Union (EU) for commercial sale.

Liability is strict and there is no need to demonstrate fault or negligence on behalf of the producer. Liability cannot be "written out" by an exclusion clause

Damage includes
  • Death
  • Personal injury
  • Damage to property, including land, provided that:
    • The property is of a type usually intended for private use;
    • It is intended for private use by a person making a claim and
    • The value of the damage is more than £275


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