Product Liability

In a two-page article “Damaging Goods” in the Solicitors Journal of 11 May, Simon Pearl examined the far-reaching implications of the decision in the hepatitis C litigation, A and Others v National Blood Authority and Another (20/LL p54). He concluded that if the decision is followed in future cases, once a claimant can demonstrate that the product did indeed cause his injury it is likely that it will be easier for him to prove that the product is defective and less likely that the manufacturer will be able to escape liability by demonstrating that he did all that could reasonably be expected. Only if the court concludes that the harmful characteristic was well known and socially accepted will the legitimate expectation of the public be regarded as less than absolute (eg a knife, alcohol or tobacco). For such products, the fact that the product has the capacity to cause injury informs the public’s legitimate expectation, so that it cannot be defective if it has the characteristic that is known to have and for which society has accepted the risks involved. Non-standard products will be unlikely ever to be protected in this fashion. An article worth reading in full.