Manufacturer’s Liability
It is a criminal offence to supply unsafe products and under civil law you may be liable for any harm such products cause – which could result in costly legal proceedings.
The Consumer Protection Act 1987 makes manufacturers strictly liable for death, injury, loss or damage caused by defective (unsafe) products and suppliers and traders can be sued under the Consumer Rights Act 2015. Whilst dealers have of course always had an obligation to notify manufacturers if they discover a risk, further to the General Product Safety Regulations 2005 failure to notify separately the authorities now results in substantial fines and a possible prison sentence.
Furthermore authorities can also recover the full costs of enforcement from the offender. If the offence is linked to an individual, that person may also be prosecuted. It is therefore important that you seek advice from industry specialists when trying to navigate these responsibilities and can help you get up to speed.
- Manufacturers liability to the retailer
- Exclusion of liability
- The test of ‘reasonableness’
- Manufacturers liability to the customer
- Negligence
- Strict liability
- Defective products
- Period of liability
- Definition of ‘product’
- Liability of supplier unable to identify manufacturer
- Manufacturers warranty
- Legal status of manufacturers warranty
- Terms of warranty
- Legislation governing warranty
- EEC requirements
- ‘Inter contractual’ disputes between manufacturer, retailer & consumer
Included in our fixed annual fee package.
