Strict Product Liability for Design Defects

(2018) 134 Law Quarterly Review 176-181

5 Pages Posted: 30 Jun 2018  

Donal Nolan

University of Oxford - Faculty of Law

Date Written: April 1, 2018

Abstract

A case note discussing the decision of Hickinbottom J in Wilkes v DePuy International Ltd [2016] EWHC 3096 (QB); [2017] 3 All ER 589, which is now the leading case on the application of the Consumer Protection Act 1987 in the case of an alleged design defect. It is argued in the note that the approach taken by Hickinbottom J to the issue of defectiveness should be seen as complementing or supplementing the guidance given in A v National Blood Authority [2001] 3 All ER 289, and that taken together with that earlier decision – and provided that due attention is paid to the significance of the standard/non-standard product distinction that the facts of the two cases encapsulate – the decision in Wilkes represents a solid foundation for future analysis of that issue under the strict product liability regime laid down by the 1987 Act.

Keywords: Tort, Product Liability, Consumer Protection Act 1987, Defectiveness, Design Defect

Suggested Citation

Nolan, Donal, Strict Product Liability for Design Defects (April 1, 2018). (2018) 134 Law Quarterly Review 176-181. Available at SSRN: https://ssrn.com/abstract=3196098

Donal Nolan (Contact Author)

University of Oxford - Faculty of Law ( email )

Worcester College
Oxford, OX1 2HB
United Kingdom

HOME PAGE: http://www.law.ox.ac.uk/people/donal-nolan

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