Without the need to show carelessness, the focus shifts to a different set of statutory hurdles, and each one carries its own rules. This chapter starts with the nature of liability under the Act, what counts as a product, and the three elements a claimant must establish, before identifying who can be sued — producers, own-branders, importers and, in limited circumstances, suppliers. It then examines the safety-based test for whether a product is defective, including the role of warnings and instructions, and which categories of damage qualify for recovery. Finally, it works through the statutory defences, led by the development risks defence, the bar on excluding liability, and the limitation regime with its ten-year longstop.
