Jacob Eisler, ‘One Step Forward and Two Steps Back in Product Liability: The Search for Clarity in the Identification of Defects’

Abstract:
Product liability law has struggled to develop a test for identifying when products are defective under the Consumer Protection Act 1987 (‘CPA’). In Wilkes v Depuy International Ltd [2016] EWHC 3096 (QB), Hickinbottom J offered the most prolonged reflection on product defect since A v National Blood Authority [2001] EWHC 446 (QB), and rejected much of the framework of NBA. However, Wilkes provides little guidance regarding when products should be identified as being defective, reinforcing the need for a more deeply grounded approach.

Eisler, Jacob, One Step Forward and Two Steps Back in Product Liability: The Search for Clarity in the Identification of Defects (July 1, 2017). 76 Cambridge Law Journal 233 (2017); University of Cambridge Faculty of Law Research Paper No 32/2017.

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