Product Liability is a recognised authority in the field and covers
the product liability laws through which manufacturers, retailers,
and others may be held liable to compensate persons who are
injured, or who incur financial loss, when the products which they
manufacture or sell are defective or not fit for their purpose.
Product defects may originate in the production process, be one of
design, or be grounded in a failure to issue an adequate warning or
directions for safe use and practitioners advising business clients
or claimants will find this book provides all the necessary
information for practitioners to manage a product liability claim.
This new edition has been fully updated to take account of 10 years
of development in case law and regulation, and the increasing
impact of cross-border and transnational sale of goods. The Court
of Justice of the European Union handed down major rulings
concerning the Product Liability Directive which affect the
application of the Directive and national arrangements and
Fairgrieve and Goldberg examines this in detail. For any legal
practitioner operating in areas which require knowledge of European
product liability law, an understanding of the impact of recent
developments is essential and this work is an essential resource
for practitioners working on product liability, sale of goods,
personal injury and negligence. The work provides comprehensive
coverage of the law of negligence as it applies to product
liability, of the strict liability provisions of the Consumer
Protection Act 1987, and of the EU's Product Liability Directive on
which the Act is based. Although the majority of cases involve
pharmaceuticals and medical devices, in recent English cases the
allegedly defective products have been as diverse as a child's
buggy, an All Terrain Vehicle, and even a coffee cup. Many cases
are brought as group actions, and the book examines the rights of
those who are injured by defective products. As well as considering
the perspective of the law as it has developed in the UK, this
edition contains detailed discussion of case law from other
jurisdictions including the USA, Australia, New Zealand, Canada,
France and Germany. The coverage in the work is complemented by a
full analysis of issues which arise in transnational litigation
involving problems of jurisdiction and the choice of laws.
General
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My review
Fri, 15 May 2020 | Review
by: Phillip T.
PRODUCT LIABILITY: WHAT ARE YOUR RIGHTS WHEN THINGS GO WRONG?
A BROAD INTERNATIONAL APPROACH TO A VITAL AREA OF LAW -- NOW IN A NEW THIRD EDITION
An appreciation by Elizabeth Robson Taylor MA of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers, Reviews Editor, “The Barrister”, and Mediator
‘Products’ be they shoes, or ships, or sealing wax, are those items or substances which are ‘produced', normally by human hand, or human agency. They manifest themselves in all shapes, sizes, forms, functions, and compositions.
Obviously, the presence of products is global. Their ubiquity is mind-blowingly obvious -- and the sheer variety of products available is well-nigh infinite, as over the years, new products and attendant services emerge almost daily, usually generated by perceived consumer need.
But if things go wrong with a product, what recourse is available to the consumer? The answers -- most of them -- and almost an infinite variety of them -- emanate from the law relating to product liability.
Fortunately for lawyers everywhere, especially when so many court proceedings are going virtual as remote hearings, the long established legal text on product liability, long regarded as definitive, is now out in a new third edition published by the Oxford University Press and written by two leading authorities in this field, Duncan Fairgrieve and Richard Goldberg.
Now completely updated from the previous edition of 2004, this new edition supplies that which has become rather desperately needed in these desperate times: a clear statement of the law of product liability in all its variety and complexity. Now long overdue, this edition certainly reflects the changes in the ways that most people now view products and how said products are marketed over the internet.
What has not changed too much since the ‘snail in the ginger beer’ case of Donoghue v. Stevenson is the vulnerability of the average consumer to product defects, some of which can and do threaten life and limb. The authors offer a (very) short list of these to include breast implants, pacemakers and hip protheses as well as faulty mountain bikes, motorcycles, car tyres ‘and even a coffee cup.’ Vaccines too are listed. How truly relevant to today.
Featuring prominently in the text, therefore, is a detailed discussion of, for example, the Consumer Protection Act 1987, concerned primarily with liability for defective products. Other areas discussed include liability in tort for negligence... product safety and the criminal law... conflict of laws -- and much more.
The latter especially, offers an international dimension to the text, as it covers not only the subject as it has developed in English law, but also provides numerous references to the equivalent laws in other jurisdictions, including the United States, Canada, New Zealand, France, and Germany. This of course will be directly relevant to those who practice in ‘an increasingly globalized market’ in which we all seek to prosper.
Within its more than a thousand pages, this text covers every conceivable aspect of this wide-ranging and often complex subject where the continuing focus is on duty of care. Certainly, lawyers will appreciate its accessibility and clarity, as will many a litigant in person. Indeed, this is a particularly useful reference for professionals who must construct quite intricate skeleton arguments for court hearings on product liability litigation.
Lawyers and the judiciary too, as well as researchers, should be jolly grateful to OUP for keeping us all up to date with developments in this important, fast changing, and vital area of the law.
The date of publication of this hardback third edition is 9th May 2020.
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