Liability for Defective Products Act 1991 (No. 28 of 1991)

This act gives effect to the provisions of Directive 85/374/EEC concerning liability for defective products. 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. The principle of strict liability is distinct from “fault” liability in which negligence on the part of the producer of the defective product must be proven. Strict liability is also distinct from “absolute” liability in that there are a number of defences available to the producer. The Act supplements existing civil law on product liability in tort and contract law.

The Act was amended in 2000 to give effect to Council Directive 1999/34/EC which extended the definition of “products” in the Act to include primary agricultural products and game.

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