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Tesco Stores Ltdv Connor Frederick Pollard & Lorraine Ann Pollard [2006] EWCA Civ 393

The test as to whether a product had a defect under the Consumer Protection Act 1987 was what persons generally were entitled to expect. In the instant case a consumer was generally entitled to expect that a bottle of dishwasher powder that had a child resistant closure cap would be more difficult to open than if it had an ordinary screwtop, and since the bottle was more difficult to open than an ordinary screwtop there was no breach of the 1987 Act.

28 April 2006

The appellants (T) appealed against a decision granting judgment in favour of the respondent (C) in a personal injury action. C, who was 13 months old at the time, was injured when he ingested dishwasher powder from a plastic bottle. The powder had been purchased from the first appellant, but the bottle had been manufactured by the second appellant. The claim against T was that the bottle and cap had been defective so that the cap was easier to detach than it should have been. The cap was a child-resistant closure (CRC) cap. T joined C's mother (P) to the action on the basis of their claim that she had left the bottle in a place where C could see and reach it, and had left the cap off or not properly screwed up. The judge found T liable and acquitted P of any negligence. The judge held that, having elected to fit a CRC cap to the bottle, the consumer was entitled to expect the cap to function at least up to the standard usually to be applied to CRCs, namely the British Standard cert...

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