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Product Liability, Defective Products, Unsafe Products Quick Facts

Relevant or Related Legislation:

Part 1 of the Consumer Protection Act 1987 transposes the Product Liability Directive (85/374/EEC and 1999/34/EC*) into UK law. Consumer Protection Act 1987 (Part 2): Safety Provisions.

Current Position:

Following a review of the effectiveness of the EC Directive, the Commission decided in 2006 that there was no obvious case for any revision at this point in time.

The Department (BERR) has produced a Guide to Consumer Protection Act 1987 explaining the requirements in more detail. It is available as a PDF by clicking the link on the right. Printed copies are no longer available.

Key Facts - Consumer Protection Act 1987 (Part 1):

• Part 1 of the Consumer Protection Act 1987 transposes the Product Liability Directive (85/374/EEC and 1999/34/EC*) into UK law. The legislation imposes strict liability on producers for harm caused by defective products. *The 1999 Directive - extending coverage to food sold in its raw state - was transposed in England & Wales by the Consumer Protection Act 1987 (Product Liability) (Modification) Order 2000.

• This means that people who are injured by defective products can sue for compensation without having to prove the producer negligent, provided that they can prove that the product was defective and the defect in the product caused the injury.

• The legislation applies to all consumer products and products used at a place of work.

Key Facts - Consumer Protection Act 1987 (Part 2):

• The general safety requirement under section 10 of the Act has largely been replaced by the General Product Safety Regulations 2005 (see separate fact sheet).

• Section 11 empowers the Secretary of State to make emergency regulations without consultation to secure the safety of products when public protection is deemed necessary. Regulations made under this procedure lapse after 12 months.

• However, under normal circumstances, the Act requires prior consultation with interested parties. Safety regulations made under the procedure remain in force indefinitely, unless specifically revoked.

• Section 12 makes it an offence to supply goods that do not meet safety regulations made under the Act.

Frequently Asked Questions (FAQs)

Q1. What products are covered by the Act?
Q2. When can an injured person sue?
Q3. What sort of damage is covered?
Q4. Where can I get advice?
Q5. What can I do as a manufacturer/importer to cover myself for Product Liability?
Q6. Does the Act provide enforcement powers?
Q7. Who are the enforcement authorities?
Q8. What penalties are available to enforcement authorities?
Q9. Where should complaints about unsafe products be sent?

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Q1. What products are covered by the Act?

All consumer goods and goods used in the workplace. All food is covered. Buildings are not covered but building materials such as bricks are covered.

Q2. When can an injured person sue?

A plaintiff must begin court action within 3 years of the date he or she was injured.

Q3. What sort of damage is covered?

A person can sue under the Act for compensation for death, personal injury and damage to private property (provided the amount of loss or damage to property is £275 or more).

Q4. Where can I get advice as a plaintiff?

Anyone considering making a claim should seek legal advice at an early stage.

Q5. What can I do as a manufacturer/importer to cover myself for product liability?

Consider seeking advice from insurers about product liability cover.

Q6. Does the Act include enforcement powers?

The Act sets out the powers available to the enforcement authorities to deal with unsafe products.

Q7. Who are the enforcement authorities?

Local authority trading standards departments have primary responsibility for day-to-day enforcement of safety legislation. The Secretary of State for Trade and Industry also has enforcement powers.

Q8. What penalties are available to enforcement authorities?

Failure to meet the requirements of safety regulations made under the Act can result in a fine of up to £5000 and/or a prison term of up to six months.

Q9. Where should complaints about unsafe products be sent?

Complaints about unsafe goods should be made to Consumer Direct on 08454 04 05 06. Consumers in Northern Ireland should contact ConsumerLine on 0845 600 6262