A product in our stores has been recalled owing to a dangerous manufacturing fault. Are we liable for any injury claims related to the fault or does responsibility belong to the manufacturer?
Liability for defective products is an area of law in which manufacturers, distributors, suppliers and retailers can all be held responsible for injuries caused by an unsafe product. If the dangerous product is recalled, the manufacturer should be identifiable and responsibility for any claim can be passed on to them.
When it comes to determining liability for injury claims, Fiona East, head of product liability at law firm Weightmans LLP, points to the Consumer Protection Act(CPA) 1987.
“While a purchaser can traditionally sue in contract against a store for selling a faulty product, the CPA widens the scope of those who may be held liable,” she says. “The producer is strictly liable for injury caused by a defect in a product.”
So who exactly is the producer in a long supply chain? East says: “The producer includes not only the manufacturer and the importer into the EU, but also the person who puts their brand name on the product, which can be the supermarket or department store.”
If the original manufacturer cannot be located, suppliers and retailers will also be liable, making robust contractual terms essential.
East says: “You must be able to trace the product back to the suppliers so that a claim can be passed on to the manufacturer. Therefore, it is imperative that those working at lower levels hold on to evidence of chain of supply.”
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