The Consumer Protection Act 1987 makes producers of unsafe goods liable for damage caused by those goods.

A producer includes manufacturers and in certain circumstances suppliers. A manufacturer is responsible for any injury caused by a defective product made by it even if they have not been careless or negligent. The Act balances the rights of consumers and producers.

Proposals to change this law have been made by the European Parliament. The proposed changes will tip the balance in favour of consumers and potentially make it easier to win claims. This is great news for consumers but not so great for manufacturers, suppliers and their insurers.

At the moment, an injured consumer has to prove that a defective product caused the injury or damage. It is proposed that this burden of proof is reversed so that a court can assume there is a connection between defect and the damage and it will be up to the producer to prove otherwise.

Producers currently have a number of defences which they can rely on to defeat a claim.

One example is the 'development risk' defence under which a manufacturer can claim that it could not have known of the defeat with the scientific and technical knowledge at the time the product was first manufactured. This defence may be removed which could mean that manufacturers will be less likely to take the risk of producing new products. In addition, the upper limit on the amount a consumer can claim and the current ten-year cut-off period in which claims must be made may both be removed. A final decision on the changes has yet to be made.

Supplied on behalf of Gordons Wright & Wright by Blueprint Marketing Services Limited. Tel: (01943) 604027/816290. Fax: (01943) 601303.

Richard Wilson is senior partner of Gordons Wright & Wright.

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