When a faulty kettle scalds someone or a defective car part causes a crash, the injured person doesn't have to prove anyone was careless. This regime imposes strict liability for defective products, letting a claimant recover by focusing on the condition of the product rather than the conduct of the defendant. As a solicitor, you'll meet this whether you're advising a consumer who's been harmed, or a producer, importer, or retailer who's facing a claim — so you need to know exactly how the regime fits together.
This lesson walks you through it step by step:
- Nature of Liability and Products — why liability is strict, the three things a claimant must prove, and what counts as a 'product'.
- Who Can Be Sued — the categories of liable person, from producers and own-branders to importers and last-resort suppliers.
- The Meaning of 'Defective' — the consumer expectation test, why safety (not quality) is the question, and the role of warnings.
- Qualifying Damage — what loss is recoverable, and the limits on property damage claims.
- Defences and Exclusion — the closed list of statutory defences, the development risks defence, and why liability can't be contracted away.
- Limitation and Other Claims — the time limits that apply and how this claim sits alongside negligence and contract.