Negligence claims for defective goods

A claim of negligence for the manufacturing of defective goods frequently involves these key elements:

• Duty of care
• Breach of duty
• Causation
• Foreseeability
• Damage

What is a duty of care in product liability claims?

A duty of care refers to a manufacturer's responsibility to a consumer. Manufacturers must take all reasonably practicable steps to ensure their products are safe and of good quality.

This duty stems from the legal principle established in Donoghue v Stevenson [1932], which determined that the manufacturer breached their duty of care towards the consumer by failing to ensure the product's safety, a breach reasonably foreseeable to cause harm to consumers.

What is a breach of duty with defective goods?

A breach of duty occurs when a product is deemed defective or fails to meet required safety standards, which increases the likelihood of harm to consumers.

Breaches of duty may result from defects in the design or issues in the manufacturing process. Equally, a breach may occur when a manufacturer fails to take reasonable steps to test the product before making it available to consumers. In addition, inadequate warnings and instructions for use also constitute a breach of duty by manufacturers.

For example, if a manufacturer fails to comply with quality control procedures and fails to spot defects in their products that could harm or injure their consumers, they may be held liable.

How do you show causation with defective goods?

A claimant must show that the product defect caused the injury or damage. Additionally, a claimant must be able to prove that if the goods were manufactured according to their duties, the injury or damage would not have occurred.

In cases involving defective products, causation often revolves around whether the defect was the primary cause of the harm, or whether other factors contributed to the incident.

Was the damage foreseeable?

It must be clear that the harm or damage caused by defective goods was foreseeable by the manufacturer at the time of production.

If the manufacturer was able to anticipate that a defect in the goods would cause harm to the consumer, they are liable for negligence.

What damage was caused by the defective product?

A claimant must have suffered actual harm or damage as a direct result of the defect in the goods. Personal injury, property damage or financial loss are examples of harm caused by defective goods.

What is the legal framework for claims of defective goods?

The Consumer Protection Act of 1987 provides the legal foundation for negligence claims for defective goods. Section 3 of the Act defines a defect as being present when a product's safety falls below the standard people are generally entitled to expect.

The Act allows a claimant to issue proceedings against a manufacturer of defective goods, even if there is no direct contractual relationship between the parties. Under the Act, the manufacturer can be held liable for any defective goods that cause harm or damage.  

Under the Consumer Rights Act 2015, goods must be as described, of satisfactory quality, and fit for their intended purpose. Failure to comply with these statutory rights can lead to negligence claims, as businesses are expected to uphold their duty to provide goods that meet the specified description and quality.