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Principles of the Consumer Protection Act 1987

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Principles of the Consumer Protection Act 1987

The Consumer Protection Act 1987 is a key piece of legislation in the United Kingdom that governs product liability. The Act imposes strict liability on producers for damage caused by defective products, making it easier for consumers to claim compensation without needing to prove negligence. The primary goal of the Act is to protect consumers from unsafe products and ensure that manufacturers, importers, and suppliers maintain high standards of safety.

Strict Liability under the Act

One of the core principles of the Consumer Protection Act 1987 is the imposition of strict liability for defective products:

  • ★ No Need to Prove Fault: Under the Act, claimants do not need to prove that the producer was negligent. It is sufficient to show that the product was defective and caused damage. This principle simplifies the legal process for consumers.
  • ★ Defective Product Definition: A product is considered defective if it does not meet the safety standards that the public is generally entitled to expect. This includes considering the product's presentation, expected use, and the time it was put into circulation.
  • ★ Liable Parties: The Act applies to producers, which include manufacturers, those who import products into the EU, and those who put their name, trademark, or other distinguishing feature on the product. In some cases, suppliers can also be liable if the producer cannot be identified.

Types of Damage Covered

The Consumer Protection Act 1987 covers specific types of damage caused by defective products:

  • ★ Personal Injury: The Act provides compensation for personal injuries resulting from defective products, including both physical and psychological harm.
  • ★ Damage to Private Property: Compensation is also available for damage to private property, provided the property was intended for private use and the damage exceeds a threshold amount (originally set at £275).
  • ★ Exclusions: The Act does not cover damage to the defective product itself, economic losses not connected to personal injury or property damage, or damage to business property.

Defences under the Act

Producers have several potential defences available under the Consumer Protection Act 1987:

  • ★ Development Risks Defence: The producer can argue that the defect was not discoverable at the time the product was put into circulation due to the state of scientific and technical knowledge (also known as the "state of the art" defence).
  • ★ Compliance with Mandatory Standards: If the defect arose because the product complied with mandatory regulations or standards set by authorities, this can serve as a defence.
  • ★ Product Not Supplied in the Course of Business: The Act does not apply to products supplied on a non-commercial basis, such as gifts or items not intended for sale.
  • ★ Contribution of the Claimant: If the damage resulted from the combined actions of the claimant and the defect, the producer's liability may be reduced accordingly.

Case Law

A v National Blood Authority (2001)

In this case, the court ruled that blood supplied by the National Blood Authority was a "product" under the Act, and the presence of Hepatitis C virus in the blood made it defective. The court held the authority strictly liable for the injuries caused, even though the contamination was not detectable at the time.

Abouzaid v Mothercare (UK) Ltd (2000)

Here, a child was injured by a defective buckle on a pram harness. The court found that the product was defective because it did not meet the level of safety that the public was entitled to expect. The decision highlighted the importance of considering the foreseeability of risk and consumer expectations.

Examples

Example 1 - Defective Electronic Device

Scenario:

A consumer purchases a new smartphone that overheats and causes burns due to a defect in the battery. Under the Consumer Protection Act 1987, the manufacturer is strictly liable for the injuries caused, even if there was no negligence in the manufacturing process.

Example 2 - Contaminated Food Product

Scenario:

A jar of peanut butter is contaminated with a harmful bacteria, causing illness to a consumer. The producer can be held strictly liable under the Act, as the product failed to meet safety expectations, and the consumer suffered personal injury as a result.

Conclusion

The Consumer Protection Act 1987 plays a crucial role in safeguarding consumers from defective products by imposing strict liability on producers. This legal framework ensures that consumers can seek compensation without the burden of proving negligence, promoting high standards of product safety. By understanding the principles of the Act, including strict liability, covered damages, and available defences, consumers and producers alike can better navigate the complexities of product liability claims.

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