Product Liability No Win No Fee — England & Wales

Who You Can Sue for a Defective Product

Direct Answer: Under the Consumer Protection Act 1987 you can claim against the producer of the product, anyone who put their own name or mark on it so as to hold themselves out as the producer, an importer who brought it into the UK, and — where those cannot be identified — the supplier who fails to name them on request. You do not have to prove negligence.

That last route matters in practice. If you bought a product from a retailer and nobody can identify who made it, the retailer can become liable itself by failing to identify the producer when asked. Keep the packaging, the receipt and the product.

A product liability claim can also run alongside a contract claim against the retailer under the Consumer Rights Act 2015, and a negligence claim at common law. Which route is best depends on who you bought from, what went wrong and what you lost — the three are not alternatives you must choose between at the outset.

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.