Chapter 11 Web links

The Thalidomide Tragedy

The Death and Afterlife of Thalidomide
New York Times Retro Report
http://www.nytimes.com/2013/09/23/booming/the-death-and-afterlife-of-thalidomide.html
This report tells you more about the history of Thalidomide and the associated tragedy (see chapter 12, section 12.2.2 ) as well as the story since the tragedy. WARNING: video link contains scenes that some may find distressing.

The Shadow of Thalidomide
New York Times Retro Report
http://www.nytimes.com/video/us/100000002455842/the-shadow-of-thalidomide.html?playlistId=100000002148738

In September 2012 Gruenenthal, the German company credited with the invention of Thalidomide, issued its first apology in 50 years – but this didn’t go down well with those affected by the drug:

German thalidomide maker Gruenenthal issues apology
http://www.bbc.co.uk/news/health-19443910

Thalidomide apology insulting, campaigners say
http://www.bbc.co.uk/news/health-19448046 (this also contains a video)

‘Thalidomide: The Fifty Year Fight’
A movie documentary on the Thalidomide tragedy, originally aired on BBC2 and now available via Box of Broadcasts [institutional subscription or registration required]:
https://learningonscreen.ac.uk/ondemand/index.php/prog/070C9E9F?bcast=110521539

The McDonald’s coffee lawsuit

'And Now, The Rest Of The Story... About The McDonald's Coffee Lawsuit', The Houston Lawyer, July/August 2007
This article by Kevin G. Cain explains and defends the decision in the controversial American product liability 'hot coffee' case of Liebeck v McDonald's:
www.thehoustonlawyer.com/aa_july07/page24.htm

Also see this video, the often untold side of the story:
Scalded by Coffee, Then News Media, New York Times video, http://www.nytimes.com/video/us/100000002507537/scalded-by-coffee-then-news-media.html?smid=fb-share

The Truth About the McDonald's Coffee Lawsuit https://www.youtube.com/watch?v=Q9DXSCpcz9E&feature=youtu.be

The Stella Awards were established in reaction to Liebeck v McDonald's – an interesting take on the original case can be found at www.stellaawards.com/stella.html and the whole site is often amusing/enlightening

Also see this trailer for a US (HBO) documentary movie called ‘Hot Coffee’
http://www.hotcoffeethemovie.com/Default.asp

Product recalls

In April 2013, following a high-profile recall of several makes of Japanese cars because of potentially faulty airbags, many news articles explained what this meant for consumers:

Japan carmakers recall 3 million vehicles over airbag fault
http://www.guardian.co.uk/business/2013/apr/11/japan-recall-cars-airbag-toyota-honda-nissan-mazda

Japanese car recall: how are UK consumers affected?
http://www.guardian.co.uk/money/2013/apr/11/japanese-car-recall-uk-consumers

Worth noting also that Toyota had already recalled 7 million cars towards the end of 2012 for a different problem!

Toyota recalls 7m cars worldwide over window fault
http://www.guardian.co.uk/business/2012/oct/10/toyota-automotive-industry

In the wake of the huge scale Japanese car recall in March/April 2013, Reuters helpfully provided a timeline of similar motoring problems occurring over the past few years: Major global car recalls – timeline
http://www.reuters.com/article/2012/10/10/us-toyota-recall-cars-timeline-idUSBRE8990RK20121010

Also in April 2013, household electronics manufacturer Hotpoint was criticised for not warning consumers quickly enough (it had taken 6 months since the company first knew of the problem and over 12 months since concerns had been raised by consumer organisation Which?) about over 70,000 potentially dangerous dishwashers:

Hotpoint recalls dishwashers due to fire risk
http://www.which.co.uk/news/2013/04/hotpoint-recalls-dishwashers-due-to-fire-risk-317231

Hotpoint recalls 71,000 dishwashers over fire fears
http://www.telegraph.co.uk/finance/newsbysector/retailandconsumer/10011497/Hotpoint-recalls-71000-dishwashers-over-fire-fears.html

Looking from the other side, in the light of the ‘horsemeat scandal’ a site looking at product recalls gives some fairly horrific insights into the ‘mistakes’ producers can make (particularly no. 3, 4, 10 and 11): 12 product recalls that will make you pause before your next purchase http://realbusiness.co.uk/article/18788-12-product-recalls-that-will-make-you-pause-before-your-next-purchase

Consumer rights

Citizens’ advice offers advice on what rights consumers have (and don’t have) and how to make complaints.
https://www.citizensadvice.org.uk/consumer/

The organisation Which? publishes lots of advice for consumers on their rights – for example in the context of buying faulty goods.
http://www.which.co.uk/consumer-rights/l/faulty-goods

Citizens’ advice bureaux can provide help to consumers with a variety of problems, including shopping complaints. See the section on consumer affairs in particular.
www.adviceguide.org.uk/index/your_world/consumer_affairs.htm

Summaries of European legislation and policies in relation to consumers and consumer safety can be found on the Europa site:
http://europa.eu/legislation_summaries/consumers/index_en.htm

A consultation on the Product Liability Directive was launched in 2017:
European Commission Launches Consultation to Evaluate the Product Liability Directive https://sites-shb.vuture.net/35/128/january-2017/london---plb---october-2016.asp?sid=80d389a1-0516-497a-9646-0724648485f6

A look to the future, particularly with Brexit in mind and what that may mean for consumer protection:
‘50 predictions: Product Liability, Safety & Recall’
https://www.lexology.com/library/detail.aspx?g=ea740404-7470-4813-8683-cd1f543f364d

More for the future – considering self-drive cars!
'Bryant Smith, 'Automated Driving and Product Liability''
http://private-law-theory.org/?p=11069

More for the future – considering the ‘Internet of things’
Product liability and the internet of things https://www.charlesrussellspeechlys.com/en/news-and-insights/insights/commercial/2017/product-liability-and-the-internet-of-things/

Cases

Donoghue v Stevenson [1932]
http://www.bailii.org/uk/cases/UKHL/1932/100.html

Grant v Australian Knitting Mills Ltd [1936]
www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKPC/1935/2.html

Abouzaid v Mothercare (UK) Ltd [2000]
www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2000/348.html

A and others v National Blood Authority [2001]
www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2001/446.html

Commission of the European Communities v United Kingdom (EC v UK) [1997]
www.bailii.org/cgi-bin/markup.cgi?doc=/eu/cases/EUECJ/1997/C30095.html

Howmet Ltd v Economy Devices Ltd & Ors [2016]
http://www.bailii.org/ew/cases/EWCA/Civ/2016/847.html