Tesco Stores Ltd and Another v P (A Minor) and Another: CA 12 Apr 2006

The claimant, a 13 month old boy, had by mistake drunk from a bottle of dishwasher powder sold and manufactured by the various defendants. The bottle had a child resistant closure. The court considered how much force the boy would have been able to apply, and how much was needed.
Held: The question was whether the ability to open the bottle demonstrated a defect in it. ‘The test is, and is only, ‘what persons generally are entitled to expect’ and ‘ they were entitled to expect that the bottle would be more difficult to open than if it had an ordinary screwtop. ‘ The test could not be made more specific. In this case there was no breach of the 1987 Act. The appeal succeeded. The defendants were not liable.

Judges:

Laws LJ, Wilson LJ, Sir Paul Kennedy

Citations:

[2006] EWCA Civ 393

Links:

Bailii

Statutes:

Consumer Protection Act 1987 2, Chemical (Hazard Information and Packaging for Supply) Regulations 1994

Jurisdiction:

England and Wales

Personal Injury, Consumer

Updated: 05 July 2022; Ref: scu.240363