An Overview of Product Liability Claims

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Unfortunately products which are in everyday use can and do cause people injuries.  As a consumer we expect that the products we buy and use are going to be safe.  As personal injury solicitors we know that this is not always the case.

prod1We have extensive experience of dealing with cases where a consumer has bought or used a product which turned out not to be safe and has caused them or people they care about an injury. Where a product has injured a person we are determined to fight for their right to compensation.

Who is liable?

The manufacturers, distributors and retailers of products have a duty to ensure that the product is safe for use.  A product can be defective if it does not do what it is supposed to do, is designed badly so that it causes you injury or does not have sufficient warnings regarding the proper use.

The relevant law is the Consumer Protection Act 1987. Section 2(1) states that “where any damage is caused wholly or partly by a defect in a product, every person … shall be liable for damage”

Defective product

When you purchase or use a product it can be that product does not do what it is supposed to do. This can mean the product is broken, breaks in use or that there is a defect in the manufacturing process. It is sometimes difficult to tell whether the product is broken until it is use and that is usually too late.

Design defect

This means that the product does what it is supposed to do but there is some element which was designed badly which causes a risk. These can include a finger trap for small children or a handle gets hot. In these cases there is nothing wrong with the product itself however it was the way in which it was designed that is the problem.

Insufficient warnings

This is where the product is designed and manufactured correctly but does not give sufficient warnings or instructions to its safe use. For example if a product does not tell you what safety equipment you will need prior to use or does not have clear instructions on how to use the product 2

A person who has been injured can claim under breach of contract meaning that the product does not comply with the terms agreed when the product was purchased. They can also bring a claim under negligence meaning that the defendant has been negligent in some way which has caused the claimant injury.

It is the duty of the manufacturers, distributors and retailers of products to ensure that the products are safe to use. They must ensure that they are:

  • warning you about potential risks
  • providing information to help you risks
  • monitoring the safety of products
  • taking action if a safety problem is found

What type of injuries can arise?

At Express Solicitors we deal with a wide range of injuries from cuts and burns up to life changing accidents and even fatalities.

prod3We can also claim for you expenses you have incurred in relation to your accident such as the loss of earning if you have had to take time off work, the cost of people to care and look after you, the cost of travel to and from medical appointments, damage to clothing, the cost of medication or anything which you have had to pay for because of your accident and injuries sustained.

If you do have such expenses it is very important you keep receipts.  In the case of loss of earnings we may need to look at things such as your wage slips and bank accounts to see how much you have lost.

We can also claim for the replacement of the product which caused the injury.

What if I don’t own the product to make a claim?

You do not have to have bought the product to be entitled to make a claim. If you using a product owned by someone else or while in your day to day life, you can still be entitled to compensation for your injuries.

prod5What should you do?

If you have been injured by a product you may be entitled to compensation for your injuries.

  • The first step is to seek medical attention; something which may seem like a minor injury may turn out to be something more serious. It is therefore very important to go to your GP or a hospital and follow their advice.
  • If you have been injured by a product which you own make sure that you keep hold of the product as it may need to be tested at a later date. Also if you have any receipts for the product make sure you keep hold of them as well.
  • If you have been injured by a product which is not owned by you make sure you tell the owner that the product has caused you injury. This will make sure that it does not injure anyone else.
  • Try to take photographs of the products especially of any warning labels, serial numbers, make and model numbers as it could be extremely useful as evidence later on in the case. 

What happens next?

ESOnce you have contacted us and we have confirmed that we are able to help you your case will then be passed to one of our specialised product liability lawyers who will guide you through the next steps.

Our specially trained lawyers will guide you throughout the process and make it as easy for you as possible.

If you have suffered an injury or have any questions please do get in contact with Express Solicitors on 0161 904 4660 .