Defences to a claim under the Consumer Protection Act 1987

Limitation or Exclusion of liability for defective products in any contract term, Notice or other provision is prohibited.

Defences to a claim under the Consumer Protection Act 1987 (CPA 1987) fall into four main categories:

1. • the injured person has been unable to discharge the burden of proof
2. • the defendant is able to establish one of the statutory defences in CPA 1987, s 4
3. • the claimant is debarred from proceeding by one or more of the CPA 1987’s time limits
4. • the defences of contributory negligence or volenti non fit injuria (the willing acceptance of risk)

While liability imposed by CPA 1987 is strict, it is not absolute. There is scope for avoiding liability if producers can successfully raise one or more of the statutory defences.

Statutory defences

Compliance with UK or assimilated EU law

This statutory defence will succeed if the defendant can demonstrate that the defect is due to compliance with any requirement imposed by UK or EU law. From IP completion day (11 pm