Product Liability Compensation Claims

If you or a loved one have been injured by a defective product, you may be entitled to compensation. Whether you purchased an electrical item that set on fire, you invested in furniture treated with illegal fungicide, you bought contaminated cosmetics or you experienced another type of fault, you may be able to make a defective product claim.

Taking legal action against the company responsible could mean you receive compensation for your pain and suffering. This could help to ease the financial pressure of any medical treatment you may need as well as cover any money lost due to an inability to work.

In What Circumstances Can I Make A Defective Product Compensation Claim?

Manufacturers have a legal duty to test the products they sell and to make sure that they are safe and fit for purpose. Therefore, if a company has been negligent in the design, production or testing of their goods, they can be subject to defective product compensation claims.

Under the Consumer Rights Act, if you purchased something that was faulty but that didn’t cause injury, you have a right to return it to the retailer you bought it from and ask for a replacement or refund.

Products included in this act include all food, all consumer goods, goods used in the workplace and building materials.

Examples of cases involving defective products include:

• Motor vehicle faults that cause road accidents
• Injuries or skin damage cause by untested cosmetics
• Food poisoning from contaminated foods
• Burns or electric shocks from unsafe electrical equipment such as hair curlers or toasters.

The consequences of product defects can range from minor to severe. In some cases, they can even lead to deaths. Regardless of the nature of your experience, the important thing is not to suffer in silence. If you or a family member have been injured because a product was not up to the necessary standard, you can take legal action.

A defective product liability claim varies depending on the severity of personal injury and impact on your life. It could take anything from six months to a few years. If you have any questions about your specific case and how long the process could be, don’t hesitate to get in touch with us.

How To Make A Defective Product Liability Compensation Claim

When making defective product claims, there are a number of steps you can take to help maximise your chances of success which are explained more below:

Keep as much of the product and packaging (including instructions or guarantees) as possible. This will mean the relevant items can be assessed by experts if necessary. This may include the manufacturer’s own specialists, and potentially a court in serious cases.

Keep the receipts if you have them. These records will help your solicitor to prove exactly when and where you purchased the product. Without this evidence, your case may be more complex.

Make a record of what happened. As soon as possible after a defective product has caused an injury, write down all the relevant facts about what happened. Where possible, take photos to back this information up. Your notes should mention details such as:

• When and where you purchased the item
• What you were doing when the accident happened
• Any injuries you suffered
• The medical help you required with medical records to corroborate this information

Once you have collected this information and evidence, pass it on to your solicitor. Using the services of a solicitor with expertise in defective product cases can help you to secure the compensation you deserve. The more information you can provide to this legal expert, the stronger your case will be.

Fees And Compensation

For the majority of compensation claims, solicitors will work on a ‘no win, no fee’ basis. This essentially means that if your case is unsuccessful, you don’t pay a penny. If it is successful, you pay what is known as a success fee. This is a set percentage of your compensation payout. The percentage varies depending which solicitor you use but legally can’t be more than 25%.

There is no set amount of compensation for defective product injuries as it can vary so much from case to case. The amount you receive will depend on the severity of the injury, the long-term impact on your life and any money you’ve lost because of it, for example if you are unable to work. However, you can use our personal injury claims calculator to get an estimate of how much you may receive according to the Judicial College guidelines.

What Are The Time Limits On Making A Claim?

If you’ve suffered an injury due to a defective product, it’s important to start the claim process as soon as possible. You have a three year time limit to make your claim which starts from the date you were injured.

Frequently Asked Questions

1. What Sort Of Damage Is Covered By The Consumer Protection Act?

A person can sue under the act for compensation for death, personal injury and damage to private property (provided the amount of loss or damage to property is £275 or more).

2. Does The Act Include Enforcement Powers?

The act sets out the powers available to the enforcement authorities to deal with unsafe products. Primary responsibility for day-to-day enforcement of safety legislation falls under the local authority trading standards department. The Secretary of State for Trade and Industry also has enforcement powers.

3. What Is The Punishment For Offenders?

Failure to meet the requirements of safety regulations made under the act can result in a fine of up to £5,000 and/or a prison term of up to six months.

4. Where Should Complaints About Unsafe Products Be Sent?

If you live in England, Scotland or Wales and have complaints about unsafe goods, these should be made to Consumer Direct on 08454 04 05 06. Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.