It would seem that Whirlpool, the domestic appliance manufacturer of Creda, Hotpoint, Indesit and Proline tumble dryers does not have its sorrows to seek as product defects (which could endanger the safety of the public) continue to plague the brand. The appliances have been nicknamed the ‘killer dryers’ because they may represent a fire risk.
Manufacturers of products have a duty of care to ensure that their products are free from defects which could cause damage to property or death or personal injury.
Related Blog article:
Help! The tumble dryer’s on fire!
Last week, the company admitted that nearly half a million of its appliances could have a serious manufacturing defect which could cause property damage and, more seriously, death or personal injury.
Whirlpool’s (civil) liability to victims is said to be strict in terms of a number of Acts of Parliament:
- Sale of Goods Act 1979
- Consumer Protection Act 1987
- Consumer Rights Act 2015
There is also the issue of possible criminal liability for dangerous and defective products in terms of the Consumer Protection Act 1987.
Potentially, Whirlpool could be liable to a large group of people:
- Business customers (retailers and traders) who purchased products from Whirlpool directly in terms of the Sale of Goods Act 1979; and
- The ultimate consumer of the products i.e. any one who does not have a contract of sale with the retailer or manufacturer, but who may suffer property damage, injury or death as a result of exposure to the dangerous product (see Donoghue v Stevenson  UKHL 100) in terms of the Consumer Protection Act 1987.
Those consumers who purchased dangerous item(s) directly from a retailer will, of course, have a contract of sale in terms of the Consumer Rights Act 2015 and they can take legal action against the retailer. The retailer can then pursue a claim against the manufacturer or supplier from whom they obtained the goods.
An excellent link to an article about the problems facing Whirlpool appliances can be found below by clicking on the link to the Which? website:
A link to the story on the Sky News website can be found below:
Copyright Seán J Crossan, 23 December 2019