Product liability
The EU Product Liability Directive 85/374/EEC was incorporated into Irish Law under the Liability for Defective Products Act, 1991.
A product is deemed defective only after taking into account the circumstances of its use. This means that if a product is used improperly that it may not be deemed to be defective.
A producer owes a duty of care to the ultimate consumer even if there is no contractual link. The law imposes obligation between the parties and requires people to behave in a responsible fashion.
There are two types of product liability that can lead to loss:
1. Defect of Hazard
2. Defect of Quality.
Consumers have to prove a loss such as personal injury, product damage, property damage or economic loss.
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Directive on liability for defective products
Legal
,
Directive
EUROPEAN COMMUNITIES (LIABILITY FOR DEFECTIVE PRODUCTS) REGULATIONS, 2000.
The main effect of the Act is to introduce into Irish law the principle of “strict” or “no fault” liability. This imposes liability on the producer, and in certain circumstances, the supplier of a defective product.
This directive was adopted into Irish law with the introduction of the The Liability for Defective Products Act, 1991.
Products Covered under the Act
The Act covers products that are —
(i) intended for private use or consumption, and
(ii) was used by the injured person mainly for his own private use or consumption;
Click on link for details of [The Liability for Defective Products Act, 1991.]
