ABSTRACT
A common law liability for defective products has long existed as part of negligence law. However, because of the difficulties facing consumers in bringing a successful claim, and following the European Directive 85/374 on product liability, the Government passed the Consumer Protection Act 1987 (CPA). The CPA introduces strict liability where injury is caused by a defect, even where the defect was not caused by anyone’s carelessness. Under s 2(2), this liability applies to the producer, anyone who ‘by putting his name on the product or using a trademark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product’, and any person who supplies the product from outside the EU. Suppliers acting totally within the EU may be liable under s 2(3) if they fail, when asked, to identify any person who may be responsible for the product under s 2(2).
