Product certifiers’ liability

Authoritative undertakings provide third-party attestations of safety, quality or other attributes to the public and regulators in their certifications, approvals, listings and ‘guarantees’. Therefore, the liability exposure of such undertakings is a matter of key importance for them and other stakeholders in the certification process. This chapter first outlines liability rules in general. Then the principles behind product liability policy and laws potentially applicable to product certifiers are considered under breach of statutory duty (strict liability), tort (negligence) and breach of contract (warranty). Statutory provisions in the United Kingdom and other jurisdictions which impose liability for defective products are addressed in the context of the laws governing the sale and supply of goods, and consumer and employee protection. The problems in delineating the boundary of certifiers’ liability are illustrated by references to the case law concerning certification, not only of chattels but shipping as well.