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