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Consumer Protection Act 1987 Claims

England & WalesLast reviewed 18 September 2026

Under the Consumer Protection Act 1987, the producer, importer or own-brander of a defective product is strictly liable for injury it causes: you do not have to prove carelessness, only that the product was defective and caused your harm. A ten-year long-stop from the product's supply date limits the right to claim.

What Is a Defect?

Direct Answer: Under section 3, a product is defective if its safety is not such as persons generally are entitled to expect, taking into account how it was marketed, any instructions and warnings, what might reasonably be expected to be done with it and when it was supplied.

This is an objective test based on public expectation, not on whether the manufacturer was careless. Defects can be in manufacture (one unit went wrong), design (all units are inherently unsafe) or warnings and instructions (an inadequate warning of a known risk). A product that is dangerous but carries clear, prominent warnings may not be defective.

Who Can Be Sued

The main defendants are the producer, anyone who put their own name or brand on the product, and the importer into the UK. A supplier such as a retailer can be liable if they do not identify the producer or importer when asked. A claim can also be brought in negligence or breach of contract alongside the statutory claim.

Defences and the Long-Stop

The producer may rely on statutory defences, including that the state of scientific and technical knowledge at the time meant the defect could not have been discovered, called the development risks defence. The right to claim against the producer is also extinguished ten years after the product was put into circulation, so claims for older products can fail on that ground alone.

Frequently Asked Questions

What is strict liability for a product?

Liability that does not depend on proving the producer was careless. Under the Consumer Protection Act 1987 you need to show the product was defective and that the defect caused your injury.

Who can I sue for a defective product?

The producer, a business that put its own brand on the product, or the importer into the UK. A retailer can also be liable if it does not identify the producer or importer when asked.

What if the product carried a warning?

A clear and adequate warning is relevant to whether the product was defective. It does not automatically defeat a claim, especially if the warning was inadequate or the danger could have been designed out.

What is the development risks defence?

A defence that the state of scientific and technical knowledge when the product was supplied meant the producer could not have known of the defect.

What if the product was over ten years old?

The right to claim against the producer under the Act is extinguished ten years after the product was put into circulation, though other claims, for instance against a later supplier, may remain in some circumstances.

Do I have to prove the manufacturer was negligent?

Not under the Consumer Protection Act 1987. The producer is strictly liable if a defect in the product caused your injury, so you must prove the defect and that it caused the damage, rather than showing careless conduct. A negligence claim remains possible alongside it.

How long do I have to bring a defective product claim?

Three years from the date of the damage or, if later, when you first knew of it and that the product was defective. There is also a ten-year long-stop from when the producer put the product into circulation, after which the right to claim against them is extinguished even if you were injured only recently. Keep the product, packaging and receipts.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

  4. Limitation Act 1980, s.11 (personal injury actions)

    Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.

  5. Limitation Act 1980, s.14 (date of knowledge)

    The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.

  6. Limitation Act 1980, s.11A (actions in respect of defective products)

    Three years from damage or date of knowledge, but the right to sue a producer is extinguished ten years after the product was put into circulation, even if injury only appears later.

  7. Consumer Protection Act 1987, Part I (product liability)

    A producer, own-brander or importer is strictly liable, without proof of negligence, for damage caused wholly or partly by a defect in a product. A product is defective if its safety is not such as persons generally are entitled to expect. Defences include the state of scientific and technical knowledge at the time (s.4(1)(e)).

  8. Consumer Protection Act 1987, s.3 (meaning of defect)

    A product is defective if its safety is not such as persons generally are entitled to expect, taking into account its marketing, instructions and warnings, its expected use and the time it was supplied.

  9. General Product Safety Regulations 2005 (SI 2005/1803)

    Requires consumer products placed on the market to be safe and requires producers and distributors to take action, including recalls, where a product is found to be dangerous.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
Review dates
Last reviewed 18 September 2026. Next review due 18 March 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.

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Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.

Sources for this page

Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 2 August 2026.

  1. Courts and Legal Services Act 1990, s.58 (conditional fee agreements)

    The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.

  2. Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013

    Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.

  3. Legal Aid, Sentencing and Punishment of Offenders Act 2012, ss.44–46 · in force from 1 April 2013

    Ended recoverability of success fees and ATE premiums from the losing party. Did not create or regulate CFAs.

  4. Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)

    Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.

Who wrote and checked this page

Written and published by
Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
Legal review
This page has not yet been through independent legal review. It is written from the primary sources listed below, which you can check directly.
Review dates
Last reviewed 2 August 2026. Next review due 2 February 2027.

Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.