Product Liability Essay

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A claim may be brought for death, personal injury or damage to private property in excess of £275.

However, no claim may be brought for damage to business property or for 'pure' economic losses.

Liability under the CPA exists alongside liability in negligence, and in some cases a common law claim may succeed where a claim would not be available under the CPA.

The CPA applies to both products used by consumers and products used in a place of work.

An action under the CPA or for negligence can be brought for death, personal injury and damage caused to private property as the result of a product defect.

Neither type of action can be used to compensate for pure economic or consequential loss.The manufacturer's negligence may be: Liability is not limited to the manufacturer of the product – other parties who supplied components or distributed the product may be held liable if they can be shown to have been negligent.Limitations on negligence liability Despite the significance of negligence liability, it is subject to a number of limitations which may restrict its effectiveness in product liability claims.However, he would also have to do so if his claim was under contract.Since the action is one for common law negligence, the manufacturer will be able to rely on any of the usual defences available in tort.The manufacturer can only be held liable where it has failed to take reasonable care, which the injured party must be able to prove. In some cases, particularly concerning manufacturing defects, the injured party may be able to rely on the principle of 'res ipsa loquitur' - meaning that no explanation other than negligence can be the case.If this applies, it is up to the manufacturer to prove that it did in fact take reasonable care.This guide considers claims for negligence against the manufacturer of a defective product.See also our Out-Law Guide to Product Liability under the Consumer Protection Act.Where the complaint is a result of negligent design, the injured party's position will be much weaker.Expert evidence will be necessary to establish negligence.


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