- The only book to provide comprehensive and authoritative coverage of all the major issues concerning product liability
- Analysis of the legal requirements and responsibilities of product manufacturers and retailers allows practitioners to advise their clients on preventative measures and risk management before problems occur
- Discusses the rights of those who are injured by defective products and the remedies available to them
- Includes a detailed section on product liability and the conflict of laws to equip readers with the necessary tools to handle multiple jurisdiction cases which are becoming increasingly common
- Takes into account the latest legislation and case-law from a variety of key jurisdictions, including the USA, Australia, New Zealand, Canada, France, and Germany
- Product liability is an area of growing importance internationally and the comparative approach offered by this text will ensure that practitioners can operate with confidence when dealing with cases across a wide range of jurisdictions
New to this edition
- Fully updated to address significant developments in product liability law, in Europe, North America, and the Commonwealth countries since 2004 and to take account of major ECJ decisions in the area
- Improved transnational and international coverage supported by an enhanced comparative assessment between English law and the USA, Australia, New Zealand, and Canada
- Extended coverage of causation and expert evidence
- Practical, in-depth, analysis of private international law issues involving problems of jurisdiction, choice of law, and the enforcement of judgments
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.
Readership: Litigators and practitioners responsible for product safety and regulatory compliance, judiciary and regulatory authorities. Also relevant to scholars researching product safety and consumer protection and for libraries in the UK and worldwide where consumer law is studied.
