CONSUMER PROTECTION ACT 1987
UK PRODUCT LIABILITY CASE

A defective product is a product that does not provide the safety one would generally expect of that type of product. The definition has been left relatively vague to catch all manner of defects which make consumer goods dangerous. The Consumer Protection Act 1987 sets the standards used in product liability cases for damages for personal injury. According to current law proof of negligence is not required to successfully claim compensation.

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Producers And Importers

This act covers almost all consumer goods, components and raw materials and legal action can be taken against :-

• self branders who refuse to identify the producer
• importers from countries outside the EC
• the "producer" which includes the manufacturer, abstracter or processor

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Tradesmen And Professionals

It should be noted that services supplied by a professional person or a tradesmen are not strictly speaking product liability cases and are not covered by The Consumer Protection Act 1987 but such services are covered by the Supply of Goods and Services Act 1982. Service providers must carry out work “to a reasonable standard at a reasonable cost.” If you have been overcharged for a service, you have a legal right to withhold part of the payment however this may result in the service provider taking legal action to resolve the matter before a civil court.

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General Protection Act 1994

The Consumer Protection Act 1987 was effectively amended by the General Protection Act 1994 (GPSR) which serves as a safety net, addressing the safety of all consumer goods not covered by other specific regulations. This includes new and second-hand goods and almost all consumer goods are included. The regulations require suppliers of consumer goods to provide products that are safe in normal or reasonably foreseeable use.

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Fit For The Purpose

There are older statutes which also offer consumers protection in potential product liability cases for defective consumer products. If goods purchased are not of satisfactory quality – meaning the products must last a reasonable amount of time and be defect-free – legal action can be pursued. All goods must be factually, honestly and accurately described by the seller in any advertisements or in any pre-sales pitch. The goods must be fit for the purpose for which they were sold which basically means that the product must do what the seller claims it will do and it must meet the requisite minimum degree of safety.

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Personal Injury Solicitors

Our lawyers offer free legal advice on claims for personal injury. All of our solicitors use the no win no fee scheme and no financial contribution is required as the case proceeds. We offer a completely risk-free claims service - win or lose there is no charge. If you have suffered an injury due to a lack of safety on substandard consumer goods, you may be able to claim damages. Either use the helpline or complete the contact form to speak to one of our personal injury experts. If you decide not to proceed with a claim, you are free to do so and will not be charged for our time.