Product defect in absence of previous accidents

In a claim for injury from a product under the Consumer Protection Act 1987, it was irrelevant whether the hazard had previously come to the attention – or ought to have come to the attention – of the producer. However, in the absence of previous accidents this was a relevant factor in deciding whether there had been a breach of duty. Held that defectiveness was to be determined by the lack of safety to which the public were entitled rather than fitness for use.