Skip to main content
Department of Health Department of Health An Roinn Sláinte Männystrie O Pouste

Main navigation

  • Home
  • Topics
  • Publications
  • Consultations
  • Contact

Translation help

Translate this page

Select a language

  • Arabic — عربي
  • Chinese (Simplified) — 中文简体
  • Chinese (Traditional) — 中文繁體
  • Dutch — Nederlands
  • Filipino — Filipino
  • French — Français
  • German — Deutsch
  • Hungarian — Magyar
  • Irish — Gaeilge
  • Italian — Italiano
  • Latvian — Latviešu
  • Lithuanian — Lietuvių kalba
  • Polish — Polski
  • Portuguese — Português
  • Romanian — Română
  • Russian — Русский
  • Slovak — Slovenčina
  • Spanish — Español
  • Ukrainian — Українська
  • The Consumer Protection (Northern Ireland) Order 1987

    Topics:
    • Good management, good records, 
    • Legal and professional obligations

    The Order allows persons who have suffered damage/injury to themselves or to their private property to make a compensation claim against the manufacturer or supplier of a product.

    The Order

    The claimant does not need to prove that the manufacturer/supplier was negligent; merely that it was the product that caused the damage.

    Article 8(3) of the Limitation (Northern Ireland) Order 1989 provides that actions in respect of damages for defective products shall not be brought after the expiration of 10 years from the date of supply/manufacture etc in accordance with terms of Article 7 of the Consumer Protection (Northern Ireland) Order 1987.

    Article 8(4) provides that an action for damages for personal injury caused by a defective product, or of loss of, or damage to any property, shall not be later than:

    • three years from the date the cause of action accrued
    • three years from the date of knowledge of the injured person or property owner, whichever is the later

    However, it needs to be noted that Article 50 of the Limitation (NI) Order 1989 provides a discretion to allow an action for damages for personal injury or death to proceed (including damages in respect of personal injury/death caused by a defective product) if there would otherwise be prejudice to a party to legal proceedings.

    This discretion does not extend to a claim for loss or damage to property caused by defective products.

    • The Consumer Protection (Northern Ireland) Order 1987

    Records management considerations

    A claimant generally has three years to begin legal action after the damage, however this period may be extended to ten years after the product was supplied.

    The HSC is affected by these provisions and may be liable as a supplier or user of a product.

    Therefore, it is important that accurate records are maintained for all products that may fall into this category in order that any claim can be defended.

    Related content

    • Administrative law
    • Blood Safety and Quality Regulations 2005 (as amended)
    • Completed Equality Screenings
    • Human Fertilisation and Embryology Act 2008
    • Police Act 1997
    • Public Health Act (Northern Ireland) 1967
    • The Access to Health Records (Northern Ireland) Order 1993
    • The Access to Personal Files and Medical Reports (Northern Ireland) Order 1991
    • The Adoption Agencies Regulations (Northern Ireland) 1989
    • The Census (Confidentiality) (Northern Ireland) Order 1991
    • The Civil Evidence (Northern Ireland) Order 1997
    • The Common Law Duty of Confidentiality
    • The Computer Misuse Act 1990
    • The Congenital Disabilities (Civil Liability) Act 1976
    • The Control of Substances Hazardous to Health Regulations (Northern Ireland) (COSHH) 2003
    • The Copyright, Designs and Patents Act 1988
    • The Electronic Communications Act 2000
    • The Environmental Information Regulations 2004
    • The Foster Placement (Children) Regulations (Northern Ireland) 1996
    • The Freedom of Information Act (FOIA) 2000
    • The Gender Recognition (Disclosure of Information) (England, Wales and Northern Ireland) (No. 2) Order 2005
    • The Gender Recognition Act 2004
    • The Health and Personal Social Services (General Medical Services Contracts), Regulations (Northern Ireland) 2004
    • The Health and Personal Social Services, General Dental Services (Amendment) Regulations (Northern Ireland) 2008
    • The Health and Safety at Work (Northern Ireland) Order 1978
    • The High-activity Sealed Radioactive Sources and Orphan Sources Regulations 2005
    • The Human Rights Act 1998
    • The Limitation (Northern Ireland) Order 1989
    • The Privacy and Electronic Communications (EC Directive) Regulations 2003
    • The Public Interest Disclosure (Northern Ireland) Order 1998
    • The Public Records Act (Northern Ireland) 1923
    • The Sexual Offences (Amendment) Act 1992
    Share this page Share on Facebook (external link opens in a new window / tab) Share on X (external link opens in a new window / tab) Share by email (external link opens in a new window / tab)

    Department footer links

    • Crown copyright
    • Terms and Conditions
    • Privacy
    • Cookies
    • Accessibility
    • The Northern Ireland Executive
    • The Executive Office
    • Department of Agriculture, Environment and Rural Affairs
    • Department for Communities
    • Department for Education
    • Department for the Economy
    • Department of Finance
    • Department for Infrastructure
    • Department for Health
    • Department of Justice
    • nidirect.gov.uk — the official government website for Northern Ireland citizens