One Step Forward and Two Steps Back in Product Liability: The Search for Clarity in the Identification of Defects

5 Pages Posted: 2 Aug 2017

See all articles by Jacob Eisler

Jacob Eisler

Southampton Law School; University of Cambridge - Faculty of Law

Date Written: July 1, 2017

Abstract

Product liability law has struggled to develop a test for identifying when products are defective under the Consumer Protection Act 1987 (“CPA”). In Wilkes v Depuy International Ltd. [2016] EWHC 3096 (QB), Hickinbottom J. offered the most prolonged reflection on product defect since A v National Blood Authority [2001] EWHC 446 (QB), and rejected much of the framework of NBA. However, Wilkes provides little guidance regarding when products should be identified as being defective, reinforcing the need for a more deeply grounded approach.

Keywords: Product Liability, Consumer Protection Act, Tort Law, Risk, Consumer Rationality, Strict Liability

JEL Classification: K13, D11

Suggested Citation

Eisler, Jacob, One Step Forward and Two Steps Back in Product Liability: The Search for Clarity in the Identification of Defects (July 1, 2017). 76 Cambridge L. J. 233 (2017); University of Cambridge Faculty of Law Research Paper No. 32/2017. Available at SSRN: https://ssrn.com/abstract=3011352

Jacob Eisler (Contact Author)

Southampton Law School ( email )

University Rd.
Southampton SO17 1BJ, Hampshire SO17 1LP
United Kingdom

University of Cambridge - Faculty of Law ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom

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