Question
Daniel, a 1-year old child, was injured after consuming dishwasher fluid from a bottle he was playing with. Daniel's mother has not left the bottle
Daniel, a 1-year old child, was injured after consuming dishwasher fluid from a bottle he was playing with. Daniel's mother has not left the bottle open but had left the child to play in the kitchen for over half an hour unattended. The bottle had a child-resistant cap, which was more difficult to open than an ordinary screw-top bottle. The bottle complied with the standards of the non-EU country of origin but did not comply with the British Standard torque measure.
Which of the following appropriately describes what follows from this? Choose the correct answer, and explain how you have arrived at your designated correct answer including why you have dismissed the other options.
(a) The product's failure to comply with the British Standard torque measure means the product would be defective under the Consumer Protection Act 1987.
(b) The product's safety was such as persons generally are entitled to expect meaning the product would not be defective under the Consumer protection Act 1987.
(c) The manufacturer could counter any claim under the Consumer Protection Act 1987 with the defence that the defect was caused by complying with relevant safety legislation.
(d) The claim here is by Daniel against his mother for failing in her duty to ensure his safety under the Occupier's Liability Act 1957.
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