When a defective product causes harm, an injured person who has no contract with the manufacturer still needs a way to claim. The tort of negligence provides it — and as a solicitor you'll need to know exactly who can be held responsible, what a claimant must prove, and what stands in their way. This is fault-based liability: it turns on showing that someone in the supply chain failed to take reasonable care.
This lesson builds the claim from the ground up, so you can advise a claimant or a defendant with confidence.
What this lesson covers:
- The Claim and Defects — the negligence basis of the claim, its four elements, and the three categories of product defect.
- Duty of Care — who in the supply chain owes a duty, and to whom it is owed.
- Breach of Duty — the factors that decide whether a manufacturer fell below the required standard, including duties to warn.
- Intermediate Examination — how a realistic chance to inspect the product can break the chain to the manufacturer.
- Causation, Remoteness and Recoverable Damage — proving the defect caused the loss, and which losses can be recovered.
- Defences and Limitation — contributory negligence, consent, and the time limits for bringing a claim.