ABSTRACT
This chapter examines possible claims in tort where damage is caused by a defective product. It begins by outlining the application of the tort of negligence to claims arising from defective products. It sets out the duty of care owed by a manufacturer to a consumer, noting the conditions that must be satisfied for such duty to arise. It then turns to breach of duty, noting that, since a claim in negligence is based on fault, the claimant must show that the defendant manufacturer fell below a reasonable standard of care. It notes that the difficulties faced by consumers in establishing such fault led to the introduction of the statutory regime of liability without fault in the Consumer Protection Act 1987 (‘CPA’). The second part of the chapter examines claims under the strict liability regime of the CPA for damage caused by defective products. It outlines: who may be a defendant under the CPA; the definition of a defective product; the principle of strict liability for damage caused by a defective product; and possible defences under the CPA.
