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.


Laws LJ, Wilson LJ, Sir Paul Kennedy


[2006] EWCA Civ 393




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


England and Wales

Personal Injury, Consumer

Updated: 05 July 2022; Ref: scu.240363