Farm Legal Advice: Who is responsible for my machine injury?

Dear Reader 

You potentially could take action against the manufacturer, as the machinery was potentially defective.

The principal legislation in Ireland dealing with product liability is the Liability for Defective Products Act 1991. Section 2 of the act provides for strict liability, making a producer “liable in damages in tort for damage caused wholly or partly by a defect in his product”. 

This means it is not fault-based and if the defect is present, there will be liability on the manufacturer. The 1991 act covers dangerous, defective products and not products which are substandard but potentially deemed safe. 

A product will be deemed defective if it fails to provide the safety that a person is entitled to expect, taking all circumstances into account, including the following:

• Presentation of the product;
• Use to which it could reasonably be expected that the product would be put;
• Time when the product was put into circulation.

You can potentially sue manufacturers, repairers, installers and suppliers of a product in tort for reasonably foreseeable damage caused to those to whom they owe a duty of care. As opposed to liability under the Liability for Defective Products Act 1991 which is strict, liability in tort is fault-based.

Under the law of tort, there is a potential action for damages if you are injured arising out of a defective product but the following criteria must be met:

• A duty of care is owed by the producer or manufacturer of the product;
• There is a breach of that duty of care;
• There is a causal relationship between the breach and the damage caused to the user of the product which is that the breach of the duty of care caused damage to the injured party.

If a product is defective, and you are injured or your property is damaged as a result, you may be entitled to damages. The onus is on the person who suffered the damage to prove the damage, the defect and the causal relationship between the defect and damage. 

A duty of care is owed by the manufacturer or producer and will be potentially breached if there is a failure to take reasonable care during the manufacturing process to ensure a product is safe, or a failure to give sufficient safety warnings or instructions considering the nature of the product.

It is important from an evidential point of view that the defective product must be preserved so that its condition at the time of the accident can be assessed. 

Under the act, any action for the recovery of damages can only be brought within three years from the date on which the damage occurred, or the date (if later) on which the plaintiff became aware, or should reasonably have become aware, of the damage, the defect and the identity of the producer. 

In respect of claims for personal injury due to negligence or breach of duty, the limitation period is two years from the date of accrual of the action, or the date on which you became aware of the accrual of the action, whichever is later. 

I would recommend you engage a solicitor as soon as possible for further advice and I would also recommend you attend a doctor in respect of your injuries.

Stephen Coppinger, is a solicitor practising in Walsh & Partners, Solicitors and Commissioners for Oaths, 17, South Mall, Cork.

- Email: info@walshandpartners.ie - Web: www.walshandpartners.ie 

While every care is taken to ensure accuracy of information contained in this article, solicitor Stephen Coppinger does not accept responsibility for errors or omissions howsoever arising, and you should seek legal advice in relation to your particular circumstances at the earliest possible time.