http://www.legislation.gov.uk/ukpga/1987/43/section/6Consumer Protection Act 1987An Act to make provision with respect to the liability of persons for damage caused by defective products; to consolidate with amendments the Consumer Safety Act 1978 and the Consumer Safety (Amendment) Act 1986; to make provision with respect to the giving of price indications; to amend Part I of the Health and Safety at Work etc. Act 1974 and sections 31 and 80 of the Explosives Act 1875; to repeal the Trade Descriptions Act 1972 and the Fabrics (Misdescription) Act 1913; and for connected purposes.1987-05-15texttext/xmlenStatute Law Database2024-10-18Expert Participation2024-10-14 Part I61Any damage for which a person is liable under section 2 above shall be deemed to have been caused—afor the purposes of the Fatal Accidents Act 1976, by that person’s wrongful act, neglect or default;bfor the purposes of section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1940 (contribution among joint wrongdoers), by that person’s wrongful act or negligent act or omission;cfor the purposes of sections 3 to 6 of the Damages (Scotland) Act 2011(rights of relatives of a deceased), by that person’s act or omission; anddfor the purposes of Part II of the Administration of Justice Act 1982 (damages for personal injuries, etc.—Scotland), by an act or omission giving rise to liability in that person to pay damages.2Where—aa person’s death is caused wholly or partly by a defect in a product, or a person dies after suffering damage which has been so caused;ba request such as mentioned in paragraph (a) of subsection (3) of section 2 above is made to a supplier of the product by that person’s personal representatives or, in the case of a person whose death is caused wholly or partly by the defect, by any dependant or relative of that person; andcthe conditions specified in paragraphs (b) and (c) of that subsection are satisfied in relation to that request,this Part shall have effect for the purposes of the Law Reform (Miscellaneous Provisions) Act 1934, the Fatal Accidents Act 1976 and the Damages (Scotland) Act 2011 as if liability of the supplier to that person under that subsection did not depend on that person having requested the supplier to identify certain persons or on the said conditions having been satisified in relation to a request made by that person.3Section 1 of the Congenital Disabilities (Civil Liability) Act 1976 shall have effect for the purposes of this Part as if—aa person were answerable to a child in respect of an occurrence caused wholly or partly by a defect in a product if he is or has been liable under section 2 above in respect of any effect of the occurrence on a parent of the child, or would be so liable if the occurrence caused a parent of the child to suffer damage;bthe provisions of this Part relating to liability under section 2 above applied in relation to liability by virtue of paragraph (a) above under the said section 1; andcsubsection (6) of the said section 1 (exclusion of liability) were omitted.4Where any damage is caused partly by a defect in a product and partly by the fault of the person suffering the damage, the Law Reform (Contributory Negligence) Act 1945 and section 5 of the Fatal Accidents Act 1976 (contributory negligence) shall have effect as if the defect were the fault of every person liable by virtue of this Part for the damage caused by the defect.5In subsection (4) above “fault” has the same meaning as in the said Act of 1945.6Schedule 1 to this Act shall have effect for the purpose of amending the Limitation Act 1980 and the Prescription and Limitation (Scotland) Act 1973 in their application in relation to the bringing of actions by virtue of this Part.7It is hereby declared that liability by virtue of this Part is to be treated as liability in tort for the purposes of any enactment conferring jurisdiction on any court with respect to any matter.8Nothing in this Part shall prejudice the operation of section 12 of the Nuclear Installations Act 1965 (rights to compensation for certain breaches of duties confined to rights under that Act).1976 c. 30. 1940 c. 42. Words in s. 6(1)(c) substituted (S.) (7.7.2011) by Damages (Scotland) Act 2011 (asp 7), ss. 15, 19(3), Sch. 1 para. 4(2)(a) (with ss. 17, 19(2)); S.S.I. 2011/268, art. 3, (with art. 4)1982 c. 53. 1934 c. 41. Words in s. 6(2) substituted (S.) (7.7.2011) by Damages (Scotland) Act 2011 (asp 7), ss. 15, 19(3), Sch. 1 para. 4(2)(b) (with ss. 17, 19(2)); S.S.I. 2011/268, art. 3, (with art. 4)1976 c. 28. 1945 c. 28. 1976 c.30. 1980 c. 58. 1973 c. 52. 1965 c. 57.