Liability For Defective Products Act, 1991
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: —(1) In this Act, except where the context otherwise requires—
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paragraphs: —(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.
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paragraphs: —(1) Where, but for this section, damages not exceeding £350 in respect of loss of or damage to, or destruction of, any item of property other than the defective product itself would fall to be awarded by virtue of this Act, no damages shall be awarded, and where, but for this section, damages exceeding that amount would fall to be awarded, only that excess shall be awarded.
(2) The Minister may by order vary with effect from a date specified in the order, being a date subsequent to the making of the order, the amount specified in subsection (1) of this section but such variation shall not apply to proceedings pending in any court at that date.
(3) The Minister may by order amend or revoke an order made under this section.
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paragraphs: —The onus shall be on the injured person concerned to prove the damage, the defect and the causal relationship between the defect and damage.
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paragraphs: —(1) For the purposes of this Act a product is defective if it fails to provide the safety which a person is entitled to expect, taking all circumstances into account, including—
(a) the presentation of the product,
(b) the use to which it could reasonably be expected that the product would be put, and
(c) the time when the product was put into circulation.
(2) A product shall not be considered defective for the sole reason that a better product is subsequently put into circulation.
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paragraphs: —A producer shall not be liable under this Act if he proves—
(a) that he did not put the product into circulation, or
(b) that, having regard to the circumstances, it is probable that the defect which caused the damage did not exist at the time when the product was put into circulation by him or that that defect came into being afterwards, or
(c) that the product was neither manufactured by him for sale or any form of distribution for an economic purpose nor manufactured or distributed by him in the course of his business, or
(d) that the defect concerned is due to compliance by the product with any requirement imposed by or under any enactment or any requirement of the law of the European Communities, or
(e) that the state of scientific and technical knowledge at the time when he put the product into circulation was not such as to enable the existence of the defect to be discovered, or
(f) in the case of the manufacturer of a component or the producer of a raw material, that the defect is attributable entirely to the design of the product in which the component has been fitted or the raw material has been incorporated or to the instructions given by the manufacturer of the product.
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paragraphs: —(1) An action for the recovery of damages under this Act shall not be brought after the expiration of three years from the date on which the cause of action accrued or the date (if later) on which the plaintiff became aware, or should reasonably have become aware, of the damage, the defect and the identity of the producer.
(2) (a) A right of action under this Act shall be extinguished upon the expiration of the period of ten years from the date on which the producer put into circulation the actual product which caused the damage unless the injured person has in the meantime instituted proceedings against the producer.
(b) Paragraph (a) of this subsection shall have effect whether or not the right of action accrued or time began to run during the period referred to in subsection (1) of this section.
(3) Sections 9 and 48 (6) of the Civil Liability Act, 1961 , shall not apply to an action for the recovery of damages under this Act.
(4) The Statutes of Limitation, 1957 and 1991, shall apply to an action under this Act subject to the provisions of this section.
(5) For the purposes of subsection (4)—
(a) subsection (1) of this section shall be deemed to be a provision of the Statute of Limitations (Amendment) Act, 1991 , of the kind referred to in section 2 (1) of that Act,
(b) “injury” where it occurs in that Act except in section 2 (1) (b) thereof includes damage to property, and “person injured” and, “injured” shall be construed accordingly, and
(c) the reference in subsection (1) of this section to the date when the plaintiff became aware, or should reasonably have become aware, of the damage, the defect and the identity of the producer shall be construed in accordance with section 2 of that Act, but nothing in this paragraph shall prejudice the application of section 1 (3) of this Act.
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paragraphs: —Where two or more persons are liable by virtue of this Act for the same damage, they shall be liable jointly and severally as concurrent wrongdoers within the meaning of Part III of the Civil Liability Act, 1961 .
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paragraphs: —(1) Without prejudice to Part III of the Civil Liability Act, 1961 concerning the right of contribution, the liability of the producer shall not be reduced when damage is caused both by a defect in a product and by the act or omission of a third party.
(2) Where any damage is caused partly by a defect in a product and partly by the fault of the injured person or of any person for whom the injured person is responsible, the provisions of the Civil Liability Act, 1961 , concerning contributory negligence, shall have effect as if the defect were due to the fault of every person liable by virtue of this Act for the damage caused by the defect.
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paragraphs: —The liability of a producer arising by virtue of this Act to an injured person shall not be limited or excluded by any term of contract, by any notice or by any other provision.
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paragraphs: —This Act shall not affect any rights which an injured person may have under any enactment or under any rule of law.
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paragraphs: — Section 1 of the Courts Act, 1988 , shall apply to an action in the High Court claiming damages under this Act or a question of fact or an issue arising in such an action as if such damages were mentioned in subsection (1) (a) of that section.
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paragraphs: —This Act shall not apply to any product put into circulation within the territory of any Member State before the commencement of this Act.
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paragraphs: —(1) This Act may be cited as the Liability for Defective Products Act, 1991.
(2) This Act shall come into operation on such day as the Minister may appoint by order.