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PI Brief Update

When Two Worlds Collide: Tort v Consumer and Contract Law for Product Liability When the Consumer Becomes the Victim - Mary Blyth, Harris Fowler

14/01/13. Our litigation process is failing the victims of defective products as there is no bespoke product liability protocol to follow in the Civil Procedure Rules. At present, victims have to navigate their claim through a maze of personal injury, consumer and contract law for product liability cases. Now more than ever litigation is surging for victims of defective products namely medical devices and the surgical treatment usually undertaken at private clinics.

If implanted the defective medical device may be removed and the victim is likely to recover but for most victims the only option, when the treatment was paid for privately, is to pay again for the medical procedure to remove the device and this can...

Image ©iStockphoto.com/SanneBerg

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.