Consumer Protection Act 1987

Summary

The Consumer Protection Act 1987 implemented the EU Product Liability Directive into English law. Part I establishes strict liability for damage caused by defective products — claimants need not prove negligence, only that the product was defective and caused the damage. Part II creates criminal offences for supplying unsafe consumer goods. Part III deals with misleading price indications.

Key Points

• Strict liability — producer liable for damage caused by a defect in their product without proof of fault (s.2)
• Product is defective if its safety is not such as persons generally are entitled to expect (s.3)
• Producer includes manufacturer, importer into UK, and own-brander (s.2(2))
• Damage means death, personal injury, or damage to property (over £275) intended for private use (s.5)
• Development risks defence — producer not liable if state of scientific/technical knowledge at the time was not such that they could have been expected to discover the defect (s.4(1)(e))
• Part II — general safety requirement: criminal offence to supply consumer goods that are not reasonably safe
• Limitation period — 3 years from awareness of damage; long-stop 10 years from supply (s.11A Limitation Act 1980)
• Strict liability for defective products — no need to prove negligence (s.2)
• 'Defect' means safety is not such as persons generally are entitled to expect (s.3)
• Liability falls on producers, importers, and own-branders (s.2(2))
• Development risks defence — state of scientific knowledge (s.4(1)(e))
• Criminal offence to supply unsafe consumer goods (Part II)
• Misleading price indications prohibited (Part III)
• 10-year longstop from when product was supplied (Limitation Act 1980, s.11A)

Parts & Sections

Amendments History

Frequently asked questions

Do I need to prove the manufacturer was careless to claim compensation?

Under the Consumer Protection Act 1987, you do not need to prove that the manufacturer was negligent. The law establishes strict liability, meaning you only need to show that the product was defective and that this defect caused your death, personal injury, or property damage. This makes it easier for consumers to claim compensation without demonstrating fault.

How is a product legally defined as defective?

A product is considered defective if its safety is not what persons generally are entitled to expect. This assessment considers all circumstances, including how the product was marketed, any instructions or warnings provided, what might reasonably be expected to be done with it, and the time when it was supplied.

Who is legally responsible for a defective product?

Liability falls on the producer, which includes the manufacturer, anyone who imported the product into the UK, and anyone who held themselves out as the producer, such as an own-brander. If damage is caused by a defect, these parties are liable for the resulting harm.

How long do I have to make a claim for a defective product?

You generally have three years from the date you became aware of the damage to bring a claim. However, there is a long-stop limit of ten years from the date the product was supplied. After this ten-year period, no claim can be made under the Act, regardless of when the damage was discovered.

Can a manufacturer avoid liability if the defect was undiscoverable at the time?

The Act includes a 'development risks' defence. A producer is not liable if the state of scientific or technical knowledge at the time of supply was not such that they could have been expected to discover the defect. This means manufacturers are not held responsible for defects that were undiscoverable with the knowledge available when the product was made.