From exploding e-bikes to faulty phone frustrations or problematic medical equipment, this article explores the framework of product liability in English civil law.

Product liability refers to the legal responsibility of parties in the supply chain—such as manufacturers, distributors, and retailers—for harm caused by defective products. In English civil law, liability can arise under three principal categories: breach of contract, negligence, and statutory strict liability under the Consumer Protection Act 1987. This tripartite system allows both commercial entities and individual consumers to seek redress depending on the nature of the transaction and the damage suffered.

Contractual Liability

Contractual liability for defective products arises when there is a breach of a term of the contract between the buyer and the seller.

Under the Sale of Goods Act 1979 (“the SGA 1979”) and the Consumer Rights Act 2015 (“the CRA 2015”), there are both express and implied terms relating to quality and fitness of goods.

  1. Section 14(2), SGA 1979 (for business-to-business transactions) implies a term that goods supplied are of satisfactory quality.
  2. For consumer contracts, Section 9, CRA 2015 provides an equivalent term: goods must be of satisfactory quality, judged by what a reasonable person would consider satisfactory, taking into account price, description, and other relevant factors.
  3. Section 10, CRA 2015 and Section 14(3), SGA 1979 imply a term that goods are reasonably fit for purpose, where the buyer makes known a particular purpose.

However, only parties to the contract can sue or be sued, which has posed challenges for consumers harmed by products they did not directly purchase from the manufacturer. To address this gap, the Consumer Rights Act and principles of product liability in tort and statute have developed.

Liability in Tort (negligence)

The modern law of negligence was established in Donoghue v Stevenson [1932] AC 562, a landmark case in which Lord Atkin introduced the “neighbour principle.” This case established that a manufacturer owed a duty of care to the ultimate consumer of its product: “You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.”

Manufacturers may be liable in negligence if they fail to exercise reasonable care in the manufacture or design of a product, fail to provide adequate warnings or instructions, or use defective materials or components.

To succeed in a negligence claim, the claimant must prove:

  1. a duty of care existed (as per Donoghue v Stevenson);
  2. breach of that duty;
  3. causation; both factual (Barnett v Chelsea and Kensington HMC [1969] 1 QB 428) and legal (The Wagon Mound (No. 1)[1961] AC 388); and
  4. damage: that is not too remote (Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 2 AC 264).

Statutory Liability (Consumer Protection Act 1987)

The Consumer Protection Act 1987 (“the CPA 1987”), imposes strict liability for defective products. According to Section 2(1) of the CPA, a producer is liable for damage caused by a defective product, irrespective of any negligence or contractual relationship.

Section 3(1) states that a product is defective “if the safety of the product is not such as persons generally are entitled to expect.” This includes considering all circumstances, including instructions and warnings.

Conclusion

Product liability in English civil law provides multiple avenues for redress: contractual remedies for buyers, negligence claims for injured parties without a direct contract, and statutory strict liability for dangerous defects. While English law has evolved to offer substantial consumer protection, technological advances and regulatory changes are likely to challenge and reshape this area in the years to come.

Griffin Law is a dispute resolution firm comprising innovative, proactive, tenacious and commercially-minded lawyers. We pride ourselves on our close client relationships, which are uniquely enhanced by our transparent fee guarantee and a commitment to share the risks of litigation. For more details of our services please email justice@griffin.law or call 01732 52 59 23.

GRIFFIN LAW – TRANSPARENT FEES. TENACIOUS LAWYERS. TRUSTED PARTNERS.

Nothing in this document constitutes any form of legal advice upon which any person can place any form of reliance of any kind whatsoever. We expressly disclaim, and you hereby irrevocably agree to waive, all or any liability of any kind whatsoever, whether in contract, tort or otherwise, to you or any other person who may read or otherwise come to learn of anything covered or referred to in this document. In the event that you wish to take any action in connection with the subject matter of this document, you should obtain legal advice before doing so.