British law dictates that all manufacturers should ensure the safety of their products before these goods hit the market. Under the circa-1987 Consumer Protection Act, any manufacturer and/or distributor can be held accountable for the issue of a defective product.
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Product Liability: When are Distributors Responsible?
1. Product Liability: When are Distributors
Responsible?
British law dictates that all manufacturers should ensure the safety of
their products before these goods hit the market. Under the circa-1987
Consumer Protection Act, any manufacturer and/or distributor can be
held accountable for the issue of a defective product.
Business owners should know one thing about this law: product liability is highly
strict. A single offence can result in imprisonment and/or a fine.
In most cases, the blame falls on the manufacturer. After all, it is their
responsibility to ensure the safety of all products at each phase of the production.
Nonetheless, there are times when the distributor becomes liable as well.
When the Distributor Becomes Liable
Distributors like retail outlets may become liable during the following scenarios:
The business’s name appears on the product,
The distributor modified or customised a service or product that may have
affected its safety,
The products were imported goods from a nation outside the European
Union, and
The original manufacturer is unidentifiable or no longer operates.
2. Do note that distributors are not totally exempt from any responsibility regarding
safety. Simple acts such as passing on safety information to the customers are
expected of every distributor.
What to Say as a Defence
The court determines different factors to decide on who was responsible, or if
there was any responsibility at all, in the case of a product liability. The way the
goods were marketed or how these were labelled with warning signs may affect
the verdict.
As a defence, a distributor may attempt to prove at least one of six points, to wit:
1. The distributor was not the source of the product,
2. The distributor was not expected to know of the said defect for example,
the company has inadequate scientific knowledge to discover a certain
flaw,
3. Compliance with the law renders an inevitable safety defect on the
product,
4. The defect happened after the distributor supplied the said product,
5. The distributor is merely a component manufacturer, thus the fault rests
with the original designer of the finished product, or
6. The distributor did not supply the said goods during the course of business.
Whilst most people believe that the manufacturers are the sole
responsible party in a product liability case, the distributor may have
played a role in it too. Knowing what to do to comply with the law helps
every distributor stay innocent of every lawsuit concerning this matter.