Liability for Defective Products Act 1991

Reduction of liability.

9

9. (1) Without prejudice to Part III of the Civil Liability Act, 1961 concerning the right of contribution, the liability of the producer shall not be reduced when damage is caused both by a defect in a product and by the act or omission of a third party.

(2) Where any damage is caused partly by a defect in a product and partly by the fault of the injured person or of any person for whom the injured person is responsible, the provisions of the Civil Liability Act, 1961, concerning contributory negligence, shall have effect as if the defect were due to the fault of every person liable by virtue of this Act for the damage caused by the defect.

Annotations:

Modifications etc. (not altering text):

C1

Application of Act restricted (1.04.2009) by European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008), reg. 18(2).

Joint and several liability

18. ...

(2) Nothing in these Regulations shall be taken to affect the operation of—

(a) section 9(1) of the Liability for Defective Products Act 1991 (No. 28 of 1991), where the imminent threat of environmental damage, or environmental damage, as the case may be is caused both by a defect in a product and by the act or omission of a third party, or

(b) section 9(2) of the Liability for Defective Products Act 1991 where the imminent threat of environmental damage, or environmental damage, as the case may be, is caused partly by a defect in a product and partly by the fault of an injured person (within the meaning of that Act) or of any person for whom the injured person is responsible.