LITIGATION - Defective Goods - What is Product Liability?

Product liability refers to the legal responsibility imposed on a manufacturer, distributor, or seller for producing or selling a defective product that causes injury or harm to a consumer/purchaser.

Under Irish Consumer Law there is protection for consumers under the Liability for Defective Products Act 1991, which came into force from the European Directive 85/374/EEC – this was known as the Product Liability Directive. This Directive established a regime of strict liability for defective products for member countries of the EU.

The Directive’s aims are to ensure that producers are held responsible for damage caused by their products, regardless of fault, and to provide for consumers the right to claim compensation for injuries or damage to property caused by defective products.

The protection is not confined to tangible products but can apply to defective software.

What Amounts to a Defective Product?

Products are expected to be safe to use and if instead they end up causing injury to the user, then the product is deemed as defective.

Some products carry instructions and/or warnings on ‘how to use.’ Failure to explain clearly how to use the product which then causes injury or damage as a result, constitutes liability though the product itself may not be defective. Here the blame lies in the manufacturer’s failure to give clear instructions on how to use the particular product.

A reasonable defence could be made where the instructions were clear, but the consumer either didn’t read them at all or didn’t read them carefully. Here the consumer is found to have contributed to the accident, or a court may find that the consumer was entirely to blame by not reading the instructions.

Establishing that the Product Was Defective

Strict liability applies in Irish law, that is, the burden of proving fault or negligence is removed from the plaintiff.

Once a product is shown to be defective and caused harm, the producer is held liable without any further proof of negligence.

Here your solicitor will guide you through the requirements in making a claim.

The evidence of an independent expert witness is important. This will be a person that has knowledge of the product, how it works, the instructions on how to use the product (if any) and who will give their opinion on whether the instructions are clear so that a reasonable person could understand them.

The court can be shown a demonstration of the product to show how it failed to comply with safety standards.

To succeed in a claim there must have been injury or damage done and that there was a direct link between the product and the injury/damage.

Statute of Limitations

Under Irish law (primarily the Liability for Defective Products Act 1991), a strict product liability claim must be brought within three years of when the claimant became (or should reasonably have become) aware of the damage, defect, and the producer's identity. Additionally, an absolute 10-year long-stop applies from the date the producer put the product into circulation.

Consult your solicitor if you believe you have a claim for product liability.