January 29, 2018
January Newsletter From Lavelle Partners
In this months newsletter, we discuss… Data Protection, which is very high on the agenda as it effects both the data your business holds and data businesses hold on you....
Product Liability Claims
* 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.
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 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.
*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.
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