Section 70

Where the person who suffered the damage caused wholly or partly by a defect in a product dies after suffering the damage, the request to the supplier under subsection 68(3) may, for the purposes of a claim under the Civil Law Act 1956, be made by the personal representative or dependant, as the case may be, of the deceased person.

Where any damage is caused partly by a defect in a product and partly by the fault of the person who suffered the damage, the Civil Law Act 1956 shall have effect as if the defect were the fault of every person liable under this Part for the damage caused by the defect.

For the purposes of any written law conferring jurisdiction on any court with respect to any matter, liability for damage under this Part shall be treated as liability in tort.

For the purposes of subsection (3), “fault” has the same meaning as in the Civil Law Act 1956.

WJW21/1045 Act 599.indd 87 18/03/2022 6:42 PM

88

Act 599

Prohibition on exclusion from liability