Civil liability under the Consumer Safety Act 1978 (U.K.)

Abstract

The Act, which replaces the Consumer Protection Acts 1961-1971, gives the Secretary of State wide powers to make regulations and issue orders and notices designed to ensure that goods are safe,1 to prohibit dealing in unsafe goods2 and to require warnings to be given of the unsafeness of goods.3 Section 6(1) provides for civil actions for breach of any obligation imposed by safety regulations or by a prohibition order or notice but not, curiously, by a warning notice. An action will lie at the suit of any person 'who may be affected by a failure to perform the obligation,' and actions are subject to the common law defences and incidents applicable to actions for breach of statutory duty. It follows from the definition of 'safe' in Section 9 of the Act that in any action under Section 6 for damages for breach of statutory duty or in any survival action based on Section 6 the only damages recoverable will be damages for personal injury-damages for property losses or purely economic loss will not be available. Show more