The law of product liability requires a delicate balance between the rights of consumers and the rights of manufacturers.
A seller has a contractual responsibility to the buyer in respect of faults or defects in his products.
The manufacturer is responsible for a product and its composition.
To succeed in a product liability negligence claim it is necessary for a Plaintiff to show one of the following;
a)
There was a precaution the Defendant should have taken but did not;
b)
A safer design of the product was possible;
c)
The particular item was not properly manufactured;
d)
A better warning or associated risk could have been given;
e)
The manufacturer could have taken steps to protect customers after the product was distributed.
The Liability for Defective Products Act 1991 provides another way in which an individual can pursue a remedy for damage suffered as the result of a defective product. It is an alternative to pursuing a claim in negligence.
The Act provides that a producer shall be liable in damages for damage caused wholly or partly by a defect in his product. This has been interpreted to include an award for pain and suffering.
In bringing a claim under the Act there is no need for a Plaintiff to establish a duty of care or negligence. All that they must show is that there is a link between the product and the damage caused.
A product is defective if it fails to provide the safety expected of it.
