Workshop 10
Consolidate
Product Liability Claims 'At-A-Glance' Checklist
Claims using CPA 1987
Loss: Personal injury, death, property
damage to domestic property exceeding
£275
Who can sue? ‘Consumer’ (anyone wholly
or partly affected by the defective product).
Excludes business or business property
Structure: Claimant must prove there is a
product and that the product was defective
(apply caselaw here)
Causation: Claimant must prove the defect
wholly or partly caused their loss
Defences: A range of statutory defences
available
Exclusion clauses/disclaimers: Cannot
exclude or limit liability
Claims in common law general
negligence
Loss: Personal injury, death, property
damage. No minimum amount
Who can sue? Only the person(s) whose
body or property damaged
Structure: Claimant must prove they were
owed a duty of care and that that was
breached (usual general negligence rules)
Causation: Usual factual and legal
causation tests apply
Defences: Claimant must prove
remoteness and then the usual general
negligence defences apply (volenti, ex turpi,
contributory negligence)
Exclusion clauses/disclaimers: Any
attempt to exclude or limit liability dealt with
by reference to UCTA 1977 and/or CRA
2015