UK

The manufacturer says the product wasn't defective when sold. Who proves what?

Claimant
Who bears burden
s. 4(1)
Relevant section
Balance of proo
Standard of proof
Strict liabilit
Liability type
The Short Answer

Under the Consumer Protection Act 1987, the claimant must prove the product was defective and caused damage; the manufacturer does not have to prove it was safe.

What the Law Says

The Consumer Protection Act 1987 establishes strict liability for defective products in the UK. It places the legal burden on the person bringing the claim — not the manufacturer — to prove key facts.

Under section 4 of the Consumer Protection Act 1987, a person injured or suffering loss due to a defective product may bring a claim against the producer. This is a strict liability regime: the claimant does not need to prove negligence or breach of contract — only that the product was defective and that the defect caused their damage.

Crucially, the law does not require the manufacturer to prove the product was safe when sold. Instead, the claimant must prove, on the balance of probabilities, that the product was defective at the time it was supplied — meaning its safety fell below what persons generally are entitled to expect (s. 3).

Statutory Text

In any proceedings brought under this Part, it shall be for the plaintiff to prove— (a) that the damage was caused by a defect in the product; and (b) the existence of the defect.

— Consumer Protection Act 1987, s. 4 — Burden of proof

What to Do

1

Gather evidence showing the product’s condition at the time of supply (e.g., expert reports, user manuals, testing data)

2

Document how the defect directly caused your injury or loss (e.g., medical records, repair logs, witness statements)

3

Identify the producer or importer — they are liable under the Act, not necessarily the retailer

4

Start your claim within the 3-year limitation period from when you knew (or should have known) about the damage and defect

Sources

statuteConsumer Protection Act 1987, s. 4 — Burden of proof

Same Question, Other Jurisdictions

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.