Product Liability

When 'defective products' cause loss or injury, the producer may be liable for those losses under product liability legislation. In Europe, Product Liability legislation is based on the European Product Liability Directives (85/374/EEC and 1999/34/EC) and the national legislation in each member state that transposes the EU Directives into law. 

The EU Directive is written to 'protect consumer rights', and places an obligation on suppliers to ensure that their products are as 'safe' as reasonably practical, and defines:-

• When a product should be considered defective
• Who is responsible when defective products are supplied
• The consumer's rights to compensation for loss or injury
• The arguments that a producer may use to defend a claim against them

When a defective product is supplied, the producer may also face claims for compensation :-

• From commercial clients and supply chain partners based on the terms and conditions of the contract under which the goods were supplied
• From consumers or commercial clients based on the principle of negligence, and the producer's 'duty of care'

In some circumstances, producers may also risk a criminal prosecution if the product does not comply with relevant regulations, or they failed to take all reasonable precautions to prevent the supply of unsafe products. 

Engineers and managers responsible for the product design, production or marketing therefore need to understand how the law applies to them, so that they can comply with the law and  prevent future litigation. 

Stunell Technology provides industry recommended training for engineers and managers who need to understand the law, and helps companies adopt a pro-active approach to product liability, based on the use of an effective quality management system that:-

• Prevents the supply of defective products
• Provides the evidence required to defend spurious or malicious claims

Our product liability training, by engineers for engineers, will introduce and explain -

• The difference between 'civil' and 'criminal' law
• How contract terms and conditions influence your legal liability to commercial clients
• The principle of negligence and your 'Duty of Care'
• How an effective quality management system, supported by Advanced Product Quality Planning (APQP), provides evidence of 'due care'
• The European Product Liability Directive, including the
  • What is  a defective product?
  • Who can make a claim under the EU directive?
  • What must they prove to succeed?
  • What can they claim for? 
  • What is Strict Liability?
  • Who is responsible for defective products?
  • What is meant by Joint Liability?
  • The permitted defence arguments - why you may not be liable
• The legal process and 'rights of discovery'
• The US experience, including
  • The concept of punitive damages
  • The introduction of the TREAD ACT and it's impact
• The effect of the effect of the new EU Product Safety Directive

The training is designed for engineers and managers, responsible for the design, production or marketing of products for 'global markets' and shows how 'good practice' minimises the risk of injury and subsequent litigation. The training is delivered by an engineer with extensive experience of product development and failure investigation and uses 'real examples' to illustrate the legal principles.

Training is normally delivered as 'in-house' courses, allowing delegates to discuss sensitive and confidential issues as they apply the legal principles to their own business situation.

For further information contact us now!

For help, advice, training or support to improve your business performance

Call 
+44 (0)1772 452240

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+44 (0)870 6221746

E-Mail Info@stunell.com

Stunell Technology 

11 St James Garden
Leyland
PR26 7XA

Independent
advice and expertise to improve business performance

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