Liability For Defective Products Act 1991 - Liability For Defective Products Act, 1991 - Defects

Defects

A defect is anything which results in the product failing to provide the safety a consumer is entitled to expect, taking into account all the circumstances. The Act expressly mentions three:

  • The presentation of the product - e.g. warning labels, instructions, probably even serving suggestions.
  • The use the product could reasonably expected to be put - jamming a fork into a toaster for example would almost certainly not be actionable.
  • The time the product was put into circulation - relevant in that the safety of any product will diminish given enough time and in addition the standards expected by the community may increase

Read more about this topic:  Liability For Defective Products Act 1991, Liability For Defective Products Act, 1991

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