last updated: 31st July 2011

Negligence means that there has been a failure to take reasonable care, however, even if reasonable care has been taken, a product may still be dangerous.

Anyone, ie the purchaser or the user harmed as a result of a defective product, can claim against the manufacturer (note, not the supplier, unless it is also the manufacturer).

There must be proof that the manufacturer (or one of its employees) was negligent.

If the negligence has been caused by a sub-contractor, 

  • The purchaser or the user can only sue for negligence. This is under the “privity of contract rule” which requires that only those parties (involved) in the contract can make a claim against it ie the purchaser and the supplier. 
  • The purchaser or the user can also sue the main provider (or manufacturer) for negligence for its choice of sub-contractor.
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