InsightsInsight - Personal Injury and Industrial Disease - POSTED: May 8 2015
Faulty product injury claims – when can you claim?
On a daily basis goods and products are bought and sold either over the counter or via the internet for use or consumption. As consumers we expect that the products will be safe and fit for purposes but regrettably this is not always the case.
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On a daily basis goods and products are bought and sold either over the counter or via the internet for use or consumption. As consumers, we expect that the products will be safe and fit for purposes but regrettably this is not always the case.
What is a defective product?
A faulty product could include faulty goods such as electronics or toys, furniture or even food and drink. It could be a contaminated drug, an item of clothing, or an even item designed for a specific purpose which proves to be unfit for that purpose.
Common product faults/ defects
Most faulty product injury claims fall into three categories; manufacturing faults, marketing faults and design faults. Manufacturer faults arise from some failure in the manufacturing process. Marketing faults include things like inaccurate labelling, or insufficient instructions or the failure to provide appropriate safety warnings for example. Design faults can include an array of faults that can arise as a consequence of the poor design of a product which may make it unfit for purpose or unsafe to use.
What liability does a manufacturer or supplier of a faulty product have under the law?
Under the Consumer Protection Act 1987 there is a strict liability on manufacturers of faulty products for harm/injury caused by those products. Therefore If a person is injured due to a faulty product, they can sue for compensation without having to prove that the manufacturer was negligent. A faulty product injury claim can be made in negligence or under the Consumer Protection Act for personal injury, death or damage caused to private property resulting from a faulty product.
Our recent experience
Brachers have recently won compensation for a child who suffered injuries due to a faulty scooter, which fell apart during use and resulted in personal injuries including permanent scarring. Brachers have also recently acted for an individual who suffered injuries due to a faulty pushbike purchased from a well-known bike retailer, put together by staff incorrectly. This resulted in the handlebars coming loose and the claimant falling off of the bike into the path of oncoming traffic and suffering personal injuries.
Can we help you make a faulty product injury claim?
If you have suffered personal injuries due to a faulty product call us for a free no obligation consultation on 01622 680430. We can advise whether you have a good claim and provided your case meets our criteria we will offer you a no win no fee agreement.
Natalie Marsh specialises in faulty product injury claims. If you would like to ask Natalie a question about a potential case involving a faulty product injury you can call her on 01622 680428.
This content is correct at time of publication
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