* As consumers, whether companies, public institutions, or as individuals, we have a right to expect that any products we purchase in Ireland are safe and will not cause us injury or damage. If we purchase food, we rightly expect it not to poison us, we expect baby products not to break into small parts, thus posing a choking hazard, and we expect toiletry products not to cause burns or other skin injuries. Within Ireland and the EU, stringent regulations exist to protect our health and safety when using any type of product.
Lavelle Partners product
liability Solicitors can advise and represent any party who has suffered loss
or injury due to a defective product.
Our product liability claims team will determine who the at-fault party
is (this is not always immediately apparent), and bring a robust case against
them.
Product liability in
Ireland falls into four areas of law; statutory, tort (negligence), contract
law, and criminal.
What is the main product liability legislation in Ireland?
Liability for Defective Products Act
1991
Under statutory
law within Ireland, the Liability for Defective Products Act 1991 (the 1991 Act)
covers product liability. The Act states
that the ‘producer’ of a defective product will be held liable for any damage
caused. A producer in this sense may
include:
- the
manufacturer or producer of a finished product
- the
manufacturer or producer of any raw material
- the
manufacturer or producer of a component part of a product
- a
person who processes soil, of stock-farming, fisheries or game products
- any
person who puts their name on a trademark
- any
person who has imported the product into a Member State from a place outside
the European Communities
The 1991 Act
removes the need for claimants to prove negligence by a producer; however, they
must show the product was defective, and this defect caused the injury. In addition, the 1991 Act only covers
defective and dangerous products, not ones which are just poorly made, but not
dangerous.
Sale of Goods and Supply of Services Act
1980
In addition to
statutory law, product consumers are also afforded legal protection by the Sale
of Goods and Supply of Services Act 1980 (the 1980 Act). The 1980 Act states products must be
merchantable, of reasonable quality, fit for purpose and ‘as described’.
General Product Safety Regulations 2004
The General
Product Safety Regulations 2004 (the 2004 Act) makes it a criminal offence to
sell dangerous or unsafe products in Ireland.
Why choose Lavelle Partners to assist you with Product Liability?
- We
are trusted members of the Law Society of Ireland’s Negligence panel.
- We
are a partner-led firm, meaning the partner you meet will manage your case and
be available to you if you have any questions.
- Our
Solicitors are approachable, intelligent, and pragmatic. When it comes to handling product liability disputes, we will assess your situation objectively
and provide a clear strategy to move your matter forward.
- Lavelle
Partners is a full-service law firm – meaning our clients benefit from advice
and representation which is considered from all possible legal
perspectives. This affords our clients a
considerable advantage in product liability matters.
- We
have a robust track record of handling some of the more complex product
liability claims and disputes in Ireland and will provide you with the benefit
of our experience and knowledge.
*In contentious
business, a solicitor may not calculate fees or other charges as a percentage
or proportion of any award or settlement. This statement is made in compliance
with RE.8 of SI 518 of 2002.
For further information regarding Product Liability in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
