Product Liability — No Win No Fee
Product liability claims in the UK are governed by the Consumer Protection Act 1987, which imposes strict liability on producers of defective products. You do not need to prove negligence — only that the product was defective and caused your injury.
How Does Strict Liability Work Under the CPA 1987?
Direct Answer: The Consumer Protection Act 1987 imposes strict liability on manufacturers — you don't need to prove negligence, only that the product was defective and caused your injury. Claims can be brought on a no win no fee CFA. There is a 3-year limitation and a 10-year longstop from product supply.
The Consumer Protection Act 1987 implemented the EU Product Liability Directive (85/374/EEC) into UK law. It imposes liability on producers without the need to prove negligence. The claimant must establish three elements: the product was defective, they suffered damage (death, personal injury, or property damage exceeding £275), and the defect caused the damage.
The Development Risk Defence
The CPA provides a "development risk" or "state of the art" defence: a producer is not liable if they can show that the state of scientific and technical knowledge at the time the product was supplied was not such that a producer of products of that description might be expected to have discovered the defect. This defence is narrowly construed.
Common Product Liability Claims
- Defective vehicles and vehicle components
- Faulty electrical appliances causing fire or injury
- Defective medical devices and implants
- Contaminated or allergenic food products
- Dangerous children's toys
- Defective pharmaceuticals
Consumer Rights Act 2015
In addition to claims under the CPA 1987, consumers have rights under the Consumer Rights Act 2015 against the seller (retailer). Goods must be of satisfactory quality, fit for a particular purpose, and as described. If goods are faulty, the consumer may be entitled to a repair, replacement, or refund.