How long can a manufacturer be liable after a product is sold?

How long can a manufacturer be liable?

In the UK, a manufacturer can sometimes be liable for a product long after it has been sold. The exact time limit depends on the type of claim being made and the law that applies. In many cases, the key issue is not when the product was sold, but when the damage or injury happened.

For claims involving personal injury, the law usually allows six years from the date of injury to bring a claim in negligence or under the Consumer Protection Act 1987. That means a product sold many years earlier may still lead to liability if it causes harm later. In practice, this can make manufacturers responsible for products in use for a long time.

The 10-year longstop rule

Under the Consumer Protection Act 1987, there is an important longstop period. A manufacturer is generally not liable for a defective product once 10 years have passed from the date the product was first put into circulation. This rule applies even if the injury or damage happens after that period.

This longstop gives manufacturers some final certainty. It is especially relevant for older products such as machinery, vehicles, or consumer goods that remain in use for many years. However, it does not remove all possible legal claims in every situation.

Different time limits for different claims

Not all claims follow the same rules. A claim for negligence usually has a three-year limitation period from the date of injury or from when the injured person first became aware of the problem. This can sometimes extend liability well beyond the original sale date.

Claims for property damage may also have different limitation rules. In addition, contract claims may be subject to a six-year limit from the date of breach, which is often the date of sale or delivery. The right time limit depends on the legal basis of the claim.

When liability may continue for longer

Liability can also continue where a manufacturer gives warranties, makes ongoing promises, or later supplies replacement parts. If a defect is discovered and the manufacturer fails to warn users, further claims may arise. Product recalls and safety notices can also affect the legal position.

It is also important to remember that some claims may involve multiple businesses. A distributor, importer, or retailer may share responsibility with the manufacturer depending on how the product was supplied. This means the full picture is often more complex than the sale date alone.

Why this matters

For consumers, these rules help explain why an old product can still lead to a legal claim. For manufacturers, they show the importance of record-keeping, testing, warnings, and product monitoring after sale. Liability does not always end when the product leaves the factory.

If you are dealing with a possible product liability issue, the date of sale is only one part of the analysis. The type of defect, the date of injury, and the legal claim all matter. Legal advice is often needed to work out whether a claim is still in time.