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Foreign objects in food, collapsing furniture, and sharp edged garden and leisure equipment are all examples of the type of things that will give rise to Product Liability claims. These cases arise in situations when you least expect it – often at a time when you had high expectations of relaxing or enjoying yourself. In certain circumstances, there can be no defence to claims like this. Your solicitor will advise you about this and will be able to explain to you the things that you will be able to claim compensation for.
Unfortunately, the high standards required by the law are not always met throughout product manufacture, which can result in a potentially dangerous product being sold to a member of the public. Every year, many people are injured, scarred, or suffer serious illness as a result of the sale of defective products.
The Consumer Protection Act 1987 provides the legal basis for ensuring the safety of consumers in the UK. The Act incorporated the European Product Safety Directive which makes it much easier to pursue a claim against a manufacturer of a product which causes an injury.
The Directive means that anyone who is injured by a defective product can sue for compensation without having to prove that the producer of the product was negligent. All you have to show is that the product was defective and the defect in the product caused your injury. This law makes it easier for injured client's to succeed in recovering compensation for their injuries.
The Act covers ALL consumer goods, including goods used in the workplace, food, building materials, games and even agricultural products. More or less ALL products are covered.
To make a successful claim, you will need to prove that another person was responsible for your accident. In defective product claims, this could include the manufacturer of the product, or the person or shop that sold it to you. You have to prove that that item was defective and the defect caused your injury.
The fact that an item is of poor quality does not make it a defective product. Furthermore, the mere fact that a manufacturer comes up with a more satisfactory item at a later date does not make the original item defective.
A product is deemed defective only when its safety is below the standard consumers are entitled to expect.
Courts look at:
The purpose for which the product was originally supplied and the purposes for which is might reasonably have been used
The manner in which the product was marketed
Any instructions, manuals or warnings given with the product
The time the producer supplied the product
What do I do if I have been injured by a Defective Product?
- Make sure you retain the original receipt
- Try to take good photographs of the faulty product itself
- Retain the defective goods as evidence
If you consider that you have a potential claim for compensation arising as a result of a defective product, then do not hesitate to contact us for free legal advice.