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Consumer Protection Act and Injury Claims

In some instances, product safety law can be used to bring claims involving personal injuries.

A group of people who tried to use product safety law under the Consumer Protection Act against McDonalds, because of injuries suffered when they spilled hot drinks on themselves, was unsuccessful in their argument that the 'product' was unsafe and that McDonalds should warn customers of the risks attaching to hot drinks.

The judge was unimpressed with the idea that customers should be warned that hot drinks might, in fact, be hot.

More recently, a patient who attempted to use product liability law to obtain damages from a prosthetics manufactorer after an artifical hip failed was unsuccessful in a claim. However, had the claimant been able to persuade the court that the manufacturer's quality control was inadequate, the case would probably have been won.