Strategic Legal Advice for Manufacturers
Manufacturers are subject to a web of legal obligations designed to protect employees, consumers and the public. When death or injury occurs as a result of a product, consequences can be severe. Manufacturers may face criminal liability under health and safety law or corporate manslaughter legislation or civil liability under product liability legislation.
This article outlines the core legal duties and offers strategic advice on how to minimise your risk and liability under UK law.
The UK Legal Framework for Product Liability
When death or injury results from a product, the consequences for manufacturers can be severe, including criminal liability (e.g., under corporate manslaughter) and civil liability (under product liability legislation).
Health and Safety at Work etc Act 1974 (HSWA)
The HSWA imposes duties on manufacturers to ensure as far as reasonably practicable the health, safety, and welfare of employees.
However, section 3 of the HSWA subjects manufacturers to a wide duty of care to ensure the safety of anyone who may be harmed by their products, including consumers and members of the public. Manufacturers must therefore anticipate and control potential risks posed by any of their products, even after they leave their premises.
Breaches can lead to:
- Criminal prosecution by the Health and Safety Executive (HSE)
- Unlimited fines which posing a threat to business sustainability
- Imprisonment for individuals, such as directors
- Corporate liability, including reputational damage
In June 2025, for example, ADM Milling Limited was fined £300,000 after a worker severed a finger while maintaining a packer closing station, and the Health & Safety Executive (HSE) found that the company had failed to safely manage the risks of those performing maintenance at its factory.
Consumer Protection Act 1987 (CPA)
Manufacturers are subject to further legislation to protect consumers. Part 1 of the CPA applies to component parts and consumer products. It imposes strict liability for damage caused by defective products. This means that there is no need for the claimant to prove fault or negligence.
To succeed in a claim under the CPA, the claimant must prove three things:
- the product is defective,
- they have suffered damage, and
- the defect caused the damage suffered
What is a ‘Defective Product’?
Products are considered defective if their safety is not what persons generally are entitled to expect. Liability may arise from:
- flaws occurring from poor design or manufacturing
- flaws occurring in production
- design defects
- inadequate testing or quality control
- or marketing defects such as insufficient instructions or warnings
Claims can be brought for damage to private property, death and personal injury. They must be brought within three years from the date the consumer was first injured or became aware the product caused injury, or ten years maximum from the date the product was first put into circulation, regardless of when the injury occurred.
In the event of a claim, manufacturers may be able to employ defences such as that the product was not defective, that any defect did not cause the harm, that the claimant misused the product, or that no known alternative was safer when the product was manufactured.
General Product Safety Regulations 2005
These regulations impose a general safety requirement on manufacturers to ensure products they place on the market are safe under normal or reasonably foreseeable conditions. The GSPR set out a number of offences punishable by imprisonment and/or fines. In particular, producers must not put any product on the market unless it is safe, failing which a manufacturer can be guilty of a strict liability offence and receive a maximum penalty of a fine or £20,000 and/or 12 months’ imprisonment.
EU Regulation 2023/988 on General Product Safety
Although the General Product Safety Regulations continue to apply in Great Britain, UK businesses targeting the NI or EU markets must ensure they have taken steps to comply with additional obligations in EU Regulation 2023/988 on General Product Safety. This covers consumer products (or products designed for professional use which subsequently reach the consumer market) including products sold online, new, used, repaired, or reconditioned and applies to products placed on the market from 13 December 20204. The regulation requires that:
- Products must meet requirements covering product safety, labelling, and traceability.
- A responsible economic operator (REO) is in place to ensure compliance tasks are fulfilled.
How can manufacturers minimise risk and liability?
To manage risk strategically and avoid legal exposure, manufacturers should embed a proactive culture of safety and compliance.
Key Strategic Actions for Risk Management:
- Conduct risk assessments during design and production. Keep clear documents setting out safety procedures, audits, decisions, and any corrective actions.
- Conduct comprehensive product testing and dynamic risk assessments, and consider any shortcomings in testing regimes.
- Ensure robust training programmes. With the rise of the gig economy and remote work, it is especially important to ensure that not just employees, but contractors, casual workers, and remote workers are embraced in training programmes.
- Provide accurate and accessible instructions for use, along with instructions on any ways the product should and should not be used and any risks surrounding use.
- Ensure supply chain compliance with safety standards.
- Appoint competent persons to oversee health and safety at every level, including senior persons, and embedding responsibility throughout the whole organisation.
- Create a clear reporting culture for any hazards and near misses. Report any serious incidents or defects.
- Monitor and respond to consumer complaints and incident reports.
- Ensure co-operation with the Office for Product Safety and Standards (OPSS) in the event of any investigations and recalls, as failure to do so can result in enforcement action, including fines and product bans.
Conclusion
Manufacturers must treat health and safety as a key strategic priority, rather than just a regulatory burden. As such they will be fully equipped to deal avoid criminal and civil liability, and to build public trust.
As business owners, we understand that businesses face risks every day. Whether you’re looking to manage your regulatory compliance obligations, for guidance through litigation or advice on managing cyber threats, our experts will work alongside you and take a fully tailored approach to helping you manage risk.
Find out more about how we can help your business manage risk, contact us today.
Author
Roxanne specialises in resolving commercial disputes, providing straightforward, strategic legal advice to help clients navigate risks, including corporate liability, and find solutions to the challenges of running a business.