A v National Blood Authority [2001] 3 All ER 289

Written By Nicolas Heyes

Court: Queen’s Bench Division

  • Facts: Claimants received Hepatitis C through blood transfusions due to infected blood from donors. Claims were based on strict liability under the Consumer Protection Act 1987, not negligence.

  • Issue: Interpretation of the Consumer Protection Act 1987 and relevant European Directive regarding product defects.

Held: Burnham J held that blood products were defective because the public expected them to be free from infection. The relevant safety expectations were determined by the "legitimate expectation" of the public. Even though the risks were not known at the time, the blood was deemed defective as it failed to meet safety expectations

Nicolas Heyes
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