Product Liability Explained

Every year, consumers in England and Wales buy millions of products from shops, online retailers, marketplaces and other sellers. Most products perform as expected. However, occasionally a product can be unsafe or defective and cause personal injury, damage or loss.

Understanding product liability law is essential for consumers, solicitors and businesses alike. This article explains what product liability is under UK law, who can be held responsible for defective products, what legal rights individuals have, how claims work, standard time limits, and practical steps for pursuing a claim.

What Is Product Liability?

Product liability refers to the legal responsibility of parties in the supply chain - such as manufacturers, importers, brand‑owners, and occasionally retailers - for injuries or damage caused by defective or unsafe products.

In the UK, product liability law combines:

• Statutory liability under the Consumer Protection Act 1987 (CPA 1987), which imposes strict liability for defective products;
• Common‑law liability in negligence, where claimants must prove a duty of care and breach; and
• Contractual or warranty claims, which arise from contractual promises about quality or fitness.

A statutory product liability claim under the CPA 1987 is often the most direct route for individuals seeking compensation for harm because it does not require proving fault - only that the product was defective and caused damage.

How Does the Consumer Protection Act 1987 Work?

Strict Liability Explained

Under the Consumer Protection Act 1987:

• A producer or relevant party in the supply chain can be held strictly liable if a product is defective and causes death, personal injury or damage to private property. “Strict liability” means the claimant does not need to prove the producer was negligent - only that the defect caused the harm.
• A product is considered defective if its safety is not what people generally are entitled to expect, taking into account how it was marketed, labelled, and the reasonable use of the product.

Who Can Be Liable?

Liability can attach to:

• The producer/manufacturer of the final product.
• Any person or company that puts their name, brand or trade mark on the product.
• Importers, who bring the product into the UK for the purpose of supplying it during their business.
• Other parties in the supply chain who cannot identify a responsible producer.

This broad approach means that multiple entities may be jointly and severally liable for harm caused by the same defective product.

What Counts as Damage?

Damage under the CPA includes:

• Death or personal injury caused by the defect;
• Damage to private property that was used for personal purposes and meets minimum values (often above £275) - although property damage below that figure may be excluded.

Damage to the product itself generally cannot be claimed under this Act (i.e. you cannot claim for the cost of fixing the product itself under the strict liability regime).

Defences Available to Manufacturers

The CPA also provides limited defences for businesses facing product liability claims, including:

• The defect did not exist when the product was supplied;
• The product complied with mandatory legal standards at the time;
• The defect arose because current scientific and technical knowledge at the relevant time did not allow its discovery (the development risks defence).

Other Legal Routes: Negligence and Contract

Negligence

Under general common‑law negligence principles, a producer or supplier must take reasonable care to ensure that products are safe. If they breach this duty and a consumer suffers harm as a consequence, they may be liable for damages. This route requires proof of:

1. A duty of care owed by the producer towards the consumer;
2. Breach of that duty;
3. Causation linking the breach and the loss;
4. Compensatable damage.

Contractual and Warranty Claims

Separate from statutory liability, a consumer's contract with a seller may impose promises about quality, functionality or performance. Under consumer contracts (for example under the Consumer Rights Act 2015), goods must be of satisfactory quality, fit for purpose and as described. A breach can lead to a claim for repair, replacement, refund or price reduction. Although different from product liability, these rights may arise alongside or independently of a tort claim.

Time Limits and Claims Procedure

Time Limits

For product liability claims under the CPA:

• Claims normally must be started within three years from the date the claimant became aware of the damage and defect, at the latest; and
• No claim can be brought more than ten years after the product was put into circulation.

Negligence or contractual claims may have different limitation periods (for example, six years under the Limitation Act 1980 for tort or contract claims).

How Claims Are Made

A product liability claim typically follows these steps:

1. Gather evidence - photographs, receipts, medical reports, expert opinions on defect and causation;
2. Identify the correct defendant - manufacturer, importer, own‑brander or other supply chain party;
3. Issue a claim - either through negotiation, formal pre‑action protocol correspondence, or filing in a court or tribunal;
4. Settlement or trial - many claims settle before court, but complex claims may proceed to trial where evidence must be presented as to defect and damage.

Practical Examples of Product Liability Claims

A few common examples of situations where product liability arises include:

• A power tool with a faulty safety switch that causes injury during normal use.
• A toy that breaks easily, causing choking or cuts.
• A kitchen appliance that overheats and causes burns or fire damage.

In each example, the claimant must establish that the product was defective, the defect caused the harm, and the harmed party suffered compensatable damage.

Defective Products and Consumer Expectations

When courts assess whether a product is defective, they examine:

• How the product was marketed;
• Whether sufficient warnings or instructions were provided;
• How the product was reasonably expected to be used;
• When and how the product was supplied in relation to safety standards at that time.

What persons “generally are entitled to expect” changes over time and depends on the nature of the product and how it has been presented.

Common Misconceptions

• Product liability is only about physical harm. No - under UK law, claims can include damage to property, subject to minimum values.
• Product labels and warnings absolve liability. Not necessarily - courts consider whether warnings were adequate and whether the product otherwise met general safety expectations.
• Liability always attaches to the retailer. Retailers can be liable if they cannot identify another responsible party, but primary obligations typically fall on manufacturers, own‑branders or importers.

Key Takeaways

Product liability law in England and Wales is designed to protect consumers and users from harm caused by defective products, while balancing commercial innovation and fair risk allocation. The principal statutory regime, the Consumer Protection Act 1987, imposes strict liability on producers and related parties for harm caused by defective products, regardless of fault.

In addition, consumers may pursue negligence or contractual claims depending on the circumstances. Understanding the legal tests for defect, the applicable time limits, the range of potential defendants, and the evidence required are all critical to successful claims for compensation for personal injury, property damage or financial loss.