Defective Products Compensation
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 bought furniture treated with illegal fungicide, you purchased 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, and it could help to pay for any medical treatment you may need.
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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. Manufacturers know that there is a possibility of this happening, which is why they take out insurance to help cover their costs if they are sued.
Examples of cases involving defective products include everything from motor vehicle faults that cause road accidents to injuries caused by untested or contaminated cosmetics. 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.
What does the law say?
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.
In cases where a product defect caused injury, you can seek compensation from the manufacturer under the terms of the Consumer Protection Act 1987.
Expert product liability solicitors can advise you on your legal options once they know the details of your case.
How to make defective product liability compensation claims
When making defective product claims, there are a number of steps you can take to help maximise your chances of success. For example:
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 and what medical help you have required. Keep any medical records to corroborate this information.
Give all of these details 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.
Frequently Asked Questions (FAQs)
Q1. What products are covered by the Consumer Protection Act?
All consumer goods and goods used in the workplace. All food is covered. Buildings are not covered, but building materials such as bricks are.
Q2. When can an injured person sue?
A claimant must begin court action within three years of the date he or she was injured.
Q3. What sort of damage is covered?
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).
Q4. Does the Act include enforcement powers?
The Act sets out the powers available to the enforcement authorities to deal with unsafe products.
Q5. Who are the enforcement authorities?
Local authority trading standards departments have primary responsibility for day-to-day enforcement of safety legislation. The Secretary of State for Trade and Industry also has enforcement powers.
Q6. 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.
Q7. Where should complaints about unsafe products be sent?
Complaints about unsafe goods should be made to Consumer Direct on 08454 04 05 06. Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.
Start your claim today
If you want to make a compensation claim for injuries caused by a defective product, you’ve come to the right place. Compare defective product solicitors on our website to find the right legal expert for you and start your claim today.