Product Liability Law in United Kingdom: An Analysis

Abstract

This article argues that the traditional principles of contract law and negligence have limitations which prevent some persons injured by defective products from relying on them as a means of redress. This research paper analyses the application of strict product liability in England through enactment of the Consumer Protection Act, 1987. The background and need for the application of strict product liability in England is highlighted in this regard. Moreover, in order to analyze the effectiveness of English product liability regime the key notions of the regime embodied in Consumer Protection Act, 1987, have been analyzed. The paper poses important questions such as:  what is meant by the notion of strict product liability under English law? Which particular act was enacted through which the EU Directive on product liability, 1985 (85/374/EEC) was adopted in England? What is meant by ‘product’ in CPA? What does defect mean and what are its various kinds under CPA? Who are the potential defendants under the CPA, 1987? What defenses are provided to the defendants under CPA? How to establish the link between the harm caused and defective product?  What is the time limitation under CPA, 1987 for product liability cases?  These and many other important questions have been tackled in the article.