Understanding defective product litigation
In Ireland, liability for defective products falls under four main headings: Statute, Tort, Criminal, and Contract law. Defective product litigation or product liability is a busy area of law that deals with injuries caused by defective products produced by manufacturers, distributors, suppliers, retailers, and others. A defect is anything that results in the product failing to provide the safety a consumer is entitled to expect, considering all the circumstances.
At Coleman Legal LLP, we have significant experience handling claims from injuries sustained by defective or dangerous products.
- Defective blocks in Donegal.
- Vaginal Mesh Implants
- Our work on the De Puy Hip Implants recall places our firm at the coalface of landmark litigation in this area in the Irish Courts. This experience and our knowledge of medical negligence practice and procedure ensure clients receive a comprehensive service.
1. Statute
The Liability for Defective Product Acts 1991 provides the majority of protection in this area. It protects consumers from products that do not reach a reasonable level of safety and cause foreseeable injury or damage, and it was implemented on the back of EC Directive 85/374. The 1991 Act simplifies litigation, and the claimant does not need to show negligence on the part of the producer. Instead, the claimant can rely on proof that the product was defective and that a causal link exists between the faulty nature of the product and the damage suffered.’
Under the 1991 Act, a producer is strictly liable for damages in Tort for damage (either to property or an individual) caused wholly or partly by a defect in a product. The main effect of the Act is to introduce into Irish Law the principle of “strict” or “no-fault” liability. The Act supplements rather than replaces remedies in Contract and Tort. Lastly, it is worth distinguishing that the 1991 Act only covers defective and dangerous products – products that are not dangerous but may be poorly made or ‘cheap’ are not covered by the 1991 Act.
2. Contract
The Sale of Goods and Supply of Services Act 1980 covers the contractual element of defective products and provides consumers with the option of recourse should they need to avail of it. Section 10 of the 1980 Act implies that in the contract for the sale of an excellent, such an item must be of ‘merchantable quality’; the Act also provides that goods of reasonable quality, such an item must be of ‘merchantable quality’; the Act also provides that goods of reasonable quality taking into account what they are meant to do, their durability and their price.
Goods are also meant to be fit for their purpose, and they must be as described. The buyer must not be misled into buying something by the description of goods or services given orally by a salesperson or an advertisement, or details on the packaging.
3. Criminal
The General Product Safety Regulations 2004, which implemented EC Directive 2001/95, is the principal legislation imposing criminal liability for placing unsafe products on the market.
4. Tort
Liability in tort is fault-based. For an action to lie in tort, there must be a duty of care owed by the producer or manufacturer of the product, a breach of that duty of care, and a causal relationship between the breach and the damage caused to the product user. Unlike under the 1991 Act, a plaintiff suing in tort may, in certain circumstances, succeed in a negligence action for non-dangerous defects.
There are strict regulations to ensure our health and safety regarding the products we buy. We, as consumers, expect the things we buy to be safe, but sometimes, there are instances when some products may be faulty and, as a result, can cause serious personal injury. This is the reason why there is a need for a stringent product liability law. Product manufacturers can be held liable for design defects and manufacturing flaws, for not including adequate safeguards, particularly on dangerous products and for inadequate product warnings or information on those products.
Our offices can represent clients who have fallen victim to any defective products, which can include:
• Unsafe medical devices
• Unsafe cars and other motor vehicles
• Dangerous toys
• Unsafe consumer and household products
• Industrial machinery and equipment
• Farm machinery and equipment
• Defective car components
• Dangerous household appliances
• Defective construction equipment
If any defective product has harmed you or your family, you should:
a) Preserve the product in question
b) Keep any receipts/proof of purchase
c) Make a note of the particulars of the purchase, e.g. when and where
Defective product litigation team
Coleman Legal LLP is a law firm that specialises in multi-party actions. Our team of experienced defective product litigation solicitors has extensive expertise in representing groups of individuals similarly affected by defective products in Ireland. We offer comprehensive legal advice, court representation, and settlement negotiation to ensure our clients receive fair and just outcomes.
Coleman Legal LLP
Solicitors
84 Talbot Street, Dublin 1
D01 YX60
DX 112002
Contact Details
Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegal.ie
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