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Types of Product Liability

Product Liability

Hong Kong laws do not have an independent cause of action on product liability.

Products liability is adjunct of the law of tort law. It deals with and relates to a manufacturer's or seller's liability for injuries suffered by a purchaser, user, or bystander as a result of a defective product. Technological products like computer hardware or software may give rise to product liablity. Products liability is based on the principle that a person who release and market a product in the public owes a duty of care to the person who first purchases the product, but also to anyone else who might foreseeably come into contact with it. This the the famous 'foresight test' in Donoghue v Stevenson.

It can also be based on contractual breach of a warranty clause in a consumer purchase.