Wilkes v Depuy International Ltd [2016] EWHC 3096

KEY POINTS

• Section 3(2) of the Consumer Protection Act 1987 merely necessitates an evaluation of whether, at the time the product was initially made available to the public by the producer, it met the expected level of safety that a reasonable person would anticipate, considering all relevant circumstances as described.

FACTS

• The claimant underwent a surgical procedure in 2007 to insert an artificial left hip with components manufactured by the defendant, including a "C-Stem" femoral shaft. In 2010, the C-Stem fractured, and when the components were replaced, evidence of metal debris shedding around the joint was found.

• The claimant alleges negligence by the defendant for the fracture and metallosis, and also brings a claim under the Consumer Protection Act 1987, contending that the C-Stem had a defect as its safety was not as expected. 

• The case centres on whether the defendant can be held liable under the Consumer Protection Act 1987 for the failure of the C-Stem, excluding other considerations. The claimant alleges that the C-Stem had a defect not meeting safety expectations, while the defendant argues against such liability.

COMMENTARY

• This case reaffirms the importance of strict liability in product liability cases and emphasises the responsibility of manufacturers and suppliers to ensure the safety of their products.

• It also highlights the significance of product testing and quality control to prevent injuries and protect consumers.