Consumer Protection Act 1999 · Updated to 1 Nov 2021 · Part X
67. Meaning of “defect”
Feedback & supportSubject to subsections (2) and (3), there is a defect in a product for the purposes of this Part if the safety of the product is not such as a person is generally entitled to expect.
product
“product” means any goods and, subject to subsection (2), includes a product which is comprised in another product, whether by virtue of being a component part, raw material or otherwise.
In determining what a person is generally entitled to expect in relation to a product, all relevant circumstances shall be taken into account including—
the manner in which, and the purposes for which, the product has been marketed;
the get-up of the product;
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the use of any mark in relation to the product;
instructions for or warnings with respect to doing or refraining from doing anything with or in relation to the product;
what may reasonably be expected to be done with, or in relation to, the product; and
the time when the product was supplied by its producer to another person.
Nothing in this section shall require a defect to be inferred from the mere fact that the safety of a product which is subsequently supplied is greater than the safety of the product in question.
For the purposes of this section, “safety”, in relation to a product, shall include—
safety with respect to products comprised therein;
safety in the context of risk of damage to property; and
safety in the context of risk of death or personal injury.