Safety & Goods
do you mean by ‘safe goods’?
According to Section 36 of the Consumer
Protection Act, ‘safe’ means that no-one should be exposed to risk (or that any
risk has been reduced to the absolute minimum) of death or personal injury
- the keeping, use or consumption
- the assembly of any goods which
are supplied unassembled
- any emissions or leakages from
relying on the accuracy of any
measurement, calculation or reading made by the goods.
this apply under any circumstances?
Section 37 (2) of the Act says that a
number of factors must be taken into account when determining the safety level
of goods. These are:
- the manner in which and the
purposes for which the goods are being marketed
- the use of any mark in relation
to the goods and any instructions or warnings which are given with respect to
the keeping, use or consumption of the goods
- any standards of safety for
particular goods published by a legal authority
- the existence of any reasonable
means which could have made the goods safer.
Who would be considered liable for unsafe goods?
Product liability lies with:
- the producer of the product
- any person who, by putting his
name on the product or using a trade mark or other distinguishing mark in
relation to the product, has held himself out to be the producer of the product
- any person who has imported the
product into Barbados
in order, in the course of any business of his, to supply it to another.
- the supplier or retailer in
limited circumstances – e.g. where he refuses to identify any of the parties
Are there any defences available to the supplier of a product?
If proceedings are taken against a person
for supplying unsafe goods, he can defend himself if they can prove:
- that he reasonably believed the
goods would not be used or consumed in Barbados.
- that at the time he supplied
the goods, he did not know nor did he have reason to believe that the goods
failed to comply with the safety requirements
What should I do protect myself?
As a consumer, you have the right to be
protected against unsafe goods and you also have the responsibility to be
careful by doings things such as:
Always reading to make sure that you understand any warnings and product information such as installation instructions, maintenance and safe operation. Using the product as stated in
the instructions, as failure to follow the instructions could be hazardous to