Product Liability

Product liability law is concerned with consumer protection, loss, injury or damage.  This is usually caused by the manufacturers or producers of defective/dangerous products. Liability can be established under common law, but it is more likely to be regulated by the Consumer Protection Act 1987.  This Act applies to a wide range of products. Liability occurs when the safety of the product is not what people are entitled to expect.

Litigation over product liability can give rise to complex technical and scientific issues, as well as difficult legal questions. In the case of a widely used product, the potential liability may have significant commercial consequences for the manufacturer.  These costs can run into many millions in the case of popular, expensive products such as cars, for example.

In recent years, the volume of litigation has increased following defects in commonly used medical devices such as replacement hips and breast implants.

Axiom’s counsel have considerable experience acting for manufacturers in this important field.  Thanks to our advocates’ understanding of this area of law combined with their expertise in clinical and professional negligence law we are the first port of call for clients with issues relating to product liability.

Axiom is “a go-to stable for product liability cases in Scotland. Its members are frequently called upon to represent product manufacturers across the medical device and automotive sectors, among others.”  Chambers & Partners