Tag Archives: defective products

Fipronil egg scare: implications for corporates

On 7 August 2017 the Food Standards Agency (FSA) and Food Standards Scotland (FSS) announced that 21,000 eggs imported into the UK from farms in Belgium and the Netherlands were contaminated with the pesticide Fipronil.  The number of contaminated eggs … Continue reading

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Filed under Insurance, Product recall

Developments in New York products liability law

In this article, we present a summary of significant products liability cases from October 1, 2015, to September 30, 2016. Our article covers a range of developments concerning failure to warn claims, the exercise of personal jurisdiction, federal preemption, expert … Continue reading

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Filed under Product safety, United States

High Court provides guidance on the interpretation of “defect” under the Consumer Protection Act 1987

In a landmark judgment on the meaning of "defect" under the Consumer Protection Act 1987 ("the Act"), Mr Justice Hickinbottom in the High Court case of Wilkes v DePuy adopted an objective test for safety by reference to what the … Continue reading

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Filed under Pharmaceuticals and Healthcare, Product safety

Court of Appeal considers meaning of notification wording

The Court of Appeal has upheld a decision of the Commercial Court that found an insurer could not rely on a notification condition precedent to avoid liability under a public and product liability policy.  The judgment in Zurich Insurance PLC … Continue reading

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Filed under Insurance, Product safety, UK

End-user of defective product prevented from bringing a claim when it has knowledge of the defects

The Court of Appeal has confirmed that where an end user has knowledge of the defects in a product, it is not able to bring a claim for any subsequent loss resulting from that defect. It held that an end … Continue reading

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Filed under Product recall, Product safety

Emerging Legal Issues in 3D Printing and Product Liability: The View from the U.S. and the UK

In this article, published in Law Journal Newsletters, we consider who will be held liable if objects created through the use of 3D printing technology, and distributed to consumers and other users, turn out to be defective and unreasonably dangerous from … Continue reading

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Filed under Fast Moving Consumer Goods, Product recall, Product safety

Our new guide to product liability and product recall insurance in the UK

In this guide, published as a chapter of the International Comparative Legal Guide to Product Liability 2016, we consider the types of liability to which producers and distributors of defective products may be exposed, and the scope of product liability … Continue reading

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Filed under Insurance, Product recall, Product safety, UK

Recent developments in US product liability

There have been a number of significant product liability cases in the US in recent months. Thomas E Riley from our New York office has prepared an article which was first published in the annual survey issue (51-2) of the Tort … Continue reading

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Filed under Product recall, Product safety, United States

Focus on 3D printing – the legal implications of an emerging technology

In this article published in PLC Magazine June 2016 we consider the effectiveness of the current law to deal with the competition that 3D printing presents for traditional manufacturing as well as the opportunities 3D printing provides for rights holders … Continue reading

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Filed under Fast Moving Consumer Goods, Product recall, Product safety

New sentencing guidelines for corporate manslaughter and health and safety offences come into force today

The Sentencing Council has published guidelines to be used by Judges when sentencing corporate manslaughter, health and safety offences and food safety and hygiene offences. The guidelines will apply to all sentences passed on or after 1 February 2016 irrespective … Continue reading

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Filed under Food & Beverages, Pharmaceuticals and Healthcare, Product safety, UK