CONSUMER LITIGATION
& PRODUCT LIABILITY

Product Liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries these products cause.  

The Liability for Defective Products Act 1991 aims to safeguard consumers from products that do not reach a reasonable level of safety and cause foreseeable injury or damage to another person.  The main effect of the Act is to introduce into Irish law the principle of “strict” or “no fault” liability. This imposes liability on the producer, and in certain circumstances, the supplier of a defective product. We at Ernest J. Cantillon & Co have extensive experience in dealing with Product Liability matters where faulty products have caused injury to persons or property through no fault of the user. 

Consumer law aims to ensure that customers have enough information about prices and quality of goods and services to make suitable choices on what to buy.  Consumer law also aims to ensure that goods are safe and are manufactured to an acceptable standard. 

We at Ernest J. Cantillon & Co. are committed to ensuring that you as a consumer are fully protected by consumer law.  Generally speaking, you are a consumer if you buy goods or services for personal use or consumption from someone whose business it is to sell goods or provide services.

A consumer contract is a formal agreement by two or more people that is enforceable at law.  When you buy goods or services, you enter a contract with the seller. Contracts are made up of terms; some of which are written, some of which are oral and some of which are implied.

It can be easy to know what terms are in a written contract but implied or oral terms are also enforceable at law.  Ernest J. Cantillon & Co. can advise on the applicability of these terms.

Consumer contracts are protected by the Sale of Goods and Supply of Services Act 1980.   Under this Act, a purchaser of goods has a number of rights.  The main ones are:-

• Goods must be of merchantable quality.  This means that goods must be of reasonable quality taking into account what they are meant to do, their durability and their price.
• Goods are meant to be fit for their purpose.  They are meant to do what they are reasonably expected to do.
• Goods must be as described. The buyer must not be misled into buying something by the description of goods or services given orally by a salesperson or an advertisement or details on the packaging.

If you have a contract with a supplier of services you have the right to expect that:-

• The supplier has the necessary skill to provide the service.
• The service will be provided with proper care and diligence.
• The materials used will be sound and the goods supplied with the service will be of merchantable quality.

In addition to the above, the Consumer Protection Act 2007 aims to control false and misleading advertising and trade descriptions, price display and price control, and pyramid selling, thus leading to transparency for consumers. If you have a problem with an item that you have bought or a service that you have received, Ernest J. Cantillon & Co. will be happy to meet with you to advise you on your rights. 

It is important to note that there are no hard and fast rules as to which remedy you should be entitled to when you encounter a difficulty with goods or services.  The circumstances of each individual case will be carefully considered by Ernest J. Cantillon & Co. 

We have extensive experience in resolving consumer disputes in the following areas:-

• Financial services
• Insurance policies
• The purchase of motor vehicles
• Flights and travel
• Building agreements
• Disputes with contractors
• Refund of deposits
• Hire purchase agreements
• Guarantees on goods and services
• Online purchases
• Mobile phone, landline and internet service providers

It is important to note that the law in relation to the Statute of Limitations which governs time limits within which a case can be taken is very strictly interpreted by the courts. In this regard, it is important to act on consumer rights as early as possible, so as to ensure that we can obtain the best possible outcome for you.  If you have any queries or wish to seek legal advice in relation to the above, please contact us.

Keywords : Consumer Law, Consumer Litigation, Product Liability, Producer Liability