Retail surgery: A customer is pursuing a claim against us after a kettle broke and hot water scalded her. Must we defend the claim, or is the maker responsible?

The answer to who might bear responsibility for a faulty product depends upon the specific allegations the customer is making.

Victoria Curran, solicitor at Weightmans LLP, specialises in product liability. She explains that if goods are defective, it is a breach of the Consumer Protection Act 1987, which says a product is defective when its safety is not what consumers are generally entitled to expect.

“The customer must prove the item is defective and not that the injury happened through misuse or as a result of damage to the item,” she says. “If she does so, the Act imposes liability on everyone who falls within the definition of a producer.”

Unless a retailer manufactures the product itself, owns the trademark or imports it from a non-EU country it is considered a supplier, and so is required only to identify the producer.

If the customer alleges the item is not of satisfactory quality or is unfit for purpose, they are alleging a breach of the Sale of Goods Act 1979. A breach of contract could be established, which would enable the customer to sue for damages, if the customer could prove that the goods were not of satisfactory quality or fit for purpose and that damage was caused as result.

“As the seller you could be liable and so might wish to consider involving the manufacturer as a party to the claim, seeking either a full indemnity or at least a contribution towards the claim,” says Curran.