|
|
Liability for damage caused by defective products.
|
2.—(1) The producer shall be liable in damages in tort for damage caused wholly or partly by a defect in his product.
|
|
| |
(2) In this Act, “producer” means—
|
|
| |
(a) the manufacturer or producer of a finished product, or
|
|
| |
(b) the manufacturer or producer of any raw material or the manufacturer or producer of a component part of a product, or
|
|
| |
(c) in the case of the products of the soil, of stock-farming and of fisheries and game, which have undergone initial processing, the person who carried out such processing, or
|
|
| |
(d) any person who, by putting his name, trade mark or other distinguishing feature on the product or using his name or any such mark or feature in relation to the product, has held himself out to be the producer of the product, or
|
|
| |
(e) any person who has imported the product into a Member State from a place outside the European Communities in order, in the course of any business of his, to supply it to another, or
|
|
| |
(f) any person who is liable as producer of the product pursuant to subsection (3) of this section.
|
|
| |
(3) Without prejudice to subsection (1) of this section, where damage is caused wholly or partly by a defect in a product, any person who supplied the product (whether to the person who suffered the damage, to the producer of any product in which the product is comprised or to any other person) shall, where the producer of the product cannot by taking reasonable steps be identified, be liable, as the producer, for the damage if—
|
|
| |
(a) the injured person requests the supplier to identify any person (whether still in existence or not) to whom paragraph (a), (b), (c), (d) or (e) of subsection (2) of this section applies in relation to the product,
|
|
| |
(b) that request is made within a reasonable time after the damage occurs and at a time when it is not reasonably practicable for the injured person to identify all those persons, and
|
|
| |
(c) the supplier fails, within a reasonable time after receiving the request, either to comply with the request or to identify the person who supplied the product to him.
|
