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Product Liability
      
      
The law of product liability requires a delicate balance between the rights of consumers and the rights of manufacturers.

A seller has a contractual responsibility to the buyer in respect of faults or defects in his products.

The manufacturer is responsible for a product and its composition.

To succeed in a product liability negligence claim it is necessary for a Plaintiff to show one of the following;
      
a)There was a precaution the Defendant should have taken but did not;
b)A safer design of the product was possible;
c)The particular item was not properly manufactured;
d)A better warning or associated risk could have been given;
        
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e)The manufacturer could have taken steps to protect customers after the product was distributed.
      
The Liability for Defective Products Act 1991 provides another way in which an individual can pursue a remedy for damage suffered as the result of a defective product. It is an alternative to pursuing a claim in negligence.

The Act provides that a producer shall be liable in damages for damage caused wholly or partly by a defect in his product. This has been interpreted to include an award for pain and suffering.

In bringing a claim under the Act there is no need for a Plaintiff to establish a duty of care or negligence. All that they must show is that there is a link between the product and the damage caused.

A product is defective if it fails to provide the safety expected of it.
      
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Ralph McMahon, BCL, Dip. Emp. Law
Jessica Goldrick, BCL
Esther Morrissey, BBS
John Sadlier, BCL
Angela Murphy, Dip. LS
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McMAHON GOLDRICK SOLICITORS - Suites 130-132, The Capel Building, Mary's Abbey, Dublin 7, Ireland
        
Telephone: +353-1-889 8580        Fax: +353-1-889 8584        Email: info@rmcm.ie