Product Liability – Regulations enforce powers of product recall

Overview

In their capacity as consumers, most people in the retail industry are used to seeing recall notices for products displayed around their local supermarket or in national newspapers. The issue was recently, for example, brought into sharp focus by the recall by Dell of approximately 4.1 million batteries for its notebook computers distributed worldwide, following incidents in which the batteries had overheated and created a fire hazard.

While people are aware of the issue as consumers, are they equally aware of their duties relating to product liability in their capacity as producers and retailers?

Unfortunately, the answer is too often no. Even when people are aware of their duties and seek to act effectively and responsibly issues may be overlooked in the stress of the moment: product liability is a high-profile and emotive area.

This briefing note examines the main responsibilities that lie with both producers and distributors of goods and the powers that authorities have to enforce product safety.

What Cobbetts recommend and can assist clients in implementing is a 360 degree approach to product liability, covering the consumer, the regulatory authorities, criminal and civil proceedings, a client’s own supplier, who may have been wholly or partially responsible for the problem, and often crucially, the public relations and media aspects of the issue.