1 Liability Systems
1.1 What systems of product liability are available
(i.e. liability in respect of damage to persons or property
resulting from the supply of products found to be defective or
faulty)? Is liability fault based, or strict, or both? Does
contractual liability play any role? Can liability be imposed for
breach of statutory obligations e.g. consumer fraud
statutes?
In Ireland, liability for defective products falls under four
main headings:
- Statute.
- Tort.
- Contract.
- Criminal.
Statute
The principal product liability statute in Ireland is the
Liability for Defective Products Act 1991 ("the 1991
Act"), which was enacted to implement EC Directive 85/374.
This Act supplements, rather than replaces, the pre-existing
remedies in tort and contract (see below). S.2(1) of the Act
provides for strict liability, making a producer:
"[L]iable in damages in tort for damage caused wholly or
partly by a defect in his product."
