ABSTRACT

Behind every faulty design, there must be an individual, or group of individuals, at fault. Claims for compensation, based on principles of civil liability, are almost always brought against companies producing and selling products as opposed to the individuals whose inadvertence in design, production or marketing may, along the way, have led to a consumer being injured by an unsafe product. A distinction is made for the purposes of vicarious liability between responsibility for the acts and omissions of employees and for those of independent contractors. The potential criminal liabilities of designers are more complex and present a more substantial risk than that of being drawn into civil proceedings. The law of corporate manslaughter remains unsettled and has been subject to proposals for reform by the Law Commission. In contrast with the somewhat vague and abstract principles of manslaughter, personal responsibilities in relation to regulatory requirements are clearer in that they are specifically defined.