Revised Laws of Saint Lucia (2021)

155.   Defect inferred

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    (1)   A defect in a product is inferred for the purposes of this Part if the safety of the product is not such as persons generally are entitled to expect.

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    (2)   In determining for the purposes of subsection (1) what persons are generally entitled to expect in relation to a product, all the circumstances must be taken into account, including —

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      (a)     the manner in which and the purposes for which the product has been marketed, its make-up, the use of any mark in relation to the product and any instructions, for, or warnings with respect to, doing or refraining from doing anything with or in relation to the product;

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      (b)     what might reasonably be expected to be done with or in relation to the product; and

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      (c)     the time when the product was supplied by its producer to another.

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    (3)   Notwithstanding subsections (1) and (2), a defect is not inferred from the fact alone that the safety of a product which is supplied after that time is greater than the safety of the product in question.

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    (4)   For the purposes of this section “safety”, in relation to a product, includes safety with respect to products comprised in that product and safety in the context of risks of damage to property and in the context of risks of death or personal injury.