Thursday 4 February 2010

Consumer Law: Consumer Protection Act 1987: Defective Product

There is provision within the 1987 Consumer Protection Acts’ “Meaning of defect” and product “safety” criterion to facilitate action being taken for the risk of death or personal injury.

Although the lead solicitors, Hugh James, in the Seroxat Group Litigation seem to have chosen to limit the action solely to withdrawal, ignoring reports of serious injury such as stroke, dystonia, SSRI induced parkinsonism, tardive dyskinesia, suicidal ideation, suicidal action and suicide completed - why?

“Consumer Protection Act 1987

Part I: Product Liability: Meaning of defect.

3.—( I) Subject to the following provisions of this section, there is a defect in a product for the purposes of this Part if the safety of the product is not such as persons generally are entitled to expect; and for those purposes "safety", in relation to a product, shall include safety with respect to products comprised in that product and safety in the context of risks of damage to property, as well as in the context of risks of death or personal injury.”

Consumer Protection Act 1987 

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