When can a manufacturer be held liable for product defects?

When a manufacturer may be liable

A manufacturer can be held liable when a product is defective and that defect causes injury or damage. In the UK, this often arises under the Consumer Protection Act 1987, which places strict liability on producers in certain circumstances.

This means the injured person does not usually have to prove negligence. Instead, they must show that the product was defective, the defect made the product unsafe, and the defect caused the loss.

What counts as a defect?

A product is defective if its safety is not what people are generally entitled to expect. Courts will look at how the product was marketed, its instructions, warnings, and the way it was supplied.

Common examples include faulty electrical goods, unsafe machinery, contaminated food, or medicines with dangerous side effects that were not properly warned about. A product may also be defective if it was poorly designed, manufactured incorrectly, or lacked adequate safety instructions.

Who can bring a claim?

Claims are usually brought by consumers, workers, or anyone injured by the defective product. The law can also cover property damage, although there are limits and not every type of loss is recoverable.

In practice, the person making the claim must connect their injury or damage to the defect. If the harm happened for another reason, liability will be harder to prove.

When the manufacturer may not be responsible

A manufacturer is not automatically liable for every accident involving its product. If the product was misused, altered after sale, or used in a way the manufacturer could not reasonably foresee, liability may be reduced or avoided.

There are also defences available in some cases. For example, a manufacturer may argue that the defect did not exist when the product was supplied, or that the state of scientific knowledge at the time made the defect impossible to detect.

Other possible defendants

Although manufacturers are a main focus, they are not the only parties who may be responsible. Importers, own-brand sellers, and sometimes suppliers can also face claims if they are treated as the producer under the law.

This is important where the actual manufacturer is overseas or difficult to identify. In some cases, the retailer may have to provide details of the producer or may themselves become liable if no producer can be traced.

How claims are usually assessed

Each case depends on its facts, including the product type, the severity of the defect, and the evidence available. Expert reports, photographs, witness statements, and medical records often play a key role.

There are also time limits for bringing claims, so it is important to act promptly. If you believe a product defect caused harm, getting legal advice early can help preserve evidence and improve the chances of success.