Anyone who has suffered physical, mental or emotional damage as a direct result of exposure or use of a particular product may be able to make a defective product claim. Though most manufacturers make every effort to ensure a consistently high standard of quality in their products, sometimes those standards can slip. This could be due to insufficient product testing, errors in the construction process, or inadequate warning labels and instruction manuals. Whatever the reason, it’s the manufacturer’s duty to regulate their products, and if they fail in this duty and you are injured as a result, you could be entitled to claim compensation.
What counts as a defective product?
Almost anything used in everyday life could count as a ‘product’. Any personal injury caused, for example, by food, drink, furniture, transport, electronics or cosmetics could be grounds for a defective product claim. Another common area for claims is medicine and medical devices. If you suffer an illness or physical injury as a result of using a faulty or contaminated drug, or if a drug has harmful side effects that are not clearly indicated in the product information pack, you could have grounds for claiming compensation.
If a product has caused you lasting injury or suffering, it could mean that you lose income due to extended sick leave from your job, have to pay for expensive counselling or other medical procedures, or are left permanently unable to work. It is not fair that you should have to bear the price of this, and making a claim can help offset the cost, allowing you to concentrate on recovery, rather than worrying about your financial future.
It is also in the interest of everyone that products that could cause harm are identified, especially those purchased by or for children. If there is no system in place to ensure that manufacturers know there are strong legal consequences for releasing faulty products into the market, they may become lax about keeping up standards. Pursuing a claim could mean that others do not have to suffer the same effects, illness or injury that you have, and it could even save lives.
Why defective product claims happen
Defective product claims can be made for any of several reasons. Sometimes, the problem starts with the design of the product itself, which might contain certain flaws that aren’t picked up during the development stages. Lack of testing, or inadequate testing of products, can also mean that hazards are overlooked.
Another potential reason to claim is poor labelling or warnings on a product. If a product lacks clear usage instructions or safety warnings, a person could misuse them and sustain injuries. Here are some examples of how product defects can cause harm:
- Burns: Kitchen gadgets such as blenders or food processors with overheating issues can malfunction and lead to burns.
- Electrocution: Home appliances like toasters or kettles with faulty wiring can cause severe electric shocks when used.
- Road traffic accidents: Vehicle defects, such as tyre blowouts due to poor manufacturing, can lead to serious road accidents, causing injuries or even fatalities.
- Faulty electronics: Tablets or other rechargeable devices with defective batteries that overheat can cause burns or fires.
- Unexpected side effects: Over-the-counter medications with mislabelled dosages or ingredients can lead to adverse health reactions, potentially requiring hospitalisation.
No matter the scenario, if you’ve been harmed by a product through no fault of your own, our expert legal team at Injury Lawyers 4U is ready to assist you in seeking compensation.
The law on defective products
Under the Consumer Protection Act 1987, consumers in the UK are within their rights to seek compensation from manufacturers if they’re injured by a defective product. This is why many companies have public liability insurance.
The Consumer Rights Act 2015 also states that any product sold must match its description, be fit for purpose and of a reasonable quality. Although this law is more concerned with product quality rather than safety, it can support a personal injury claim if the product falls short of these standards and causes an injury.
Why should I make a defective product claim?
If a product has caused you lasting injury or suffering, it could mean that you lose income due to extended sick leave from your job, have to pay for expensive counselling or other medical treatment, or are left permanently unable to work. It is not fair that you should have to bear the price of this, and making a claim can help offset the cost, allowing you to concentrate on recovery, rather than worrying about your financial future.
It’s also in the interest of everyone that products that could cause harm are identified, especially those purchased by or for children. If there is no system in place to ensure that manufacturers know there are strong legal consequences for releasing faulty products into the market, they may become lax about keeping up standards. Pursuing a claim could mean that others do not have to suffer the same effects, illness or injury that you have, and it could even save lives.
Making a claim when you’re partially at fault
If a product causes you to suffer an injury but the accident was your fault, for example through misuse or failure to read the instruction manual, it’s likely that you will be unable to make a claim.
However, if the product that caused the injury is genuinely defective and the accident was only partly your fault, you may still be able to make a claim for compensation. In such cases, the amount of compensation you receive is adjusted based on the proportion of responsibility you share for the accident that lead to the injury. That means if it’s ruled that both you and the product manufacturer share equal responsibility, you will receive 50% of the compensation you would have received if you were not at fault.
Reporting a defective product
If a defective product causes you harm, the first thing to do is contact the manufacturer to file a complaint. It may also be worth getting in touch with your local Trading Standards office. If the accident happens in your place of work, you should report the product to your line manager and make sure that the incident is documented.
When you make the report, whether to your line manager, to the manufacturer or to Trading Standards, it’s worth submitting the report with photographic evidence of your injury, a record of the treatment you’ve received, details of the product manufacturer, and an explanation of how the product is defective.
How do I make a claim?
At Injury Lawyers 4U, our specialist teams of highly trained injury lawyers will be happy to advise you as to whether you have grounds for a claim. Their experience and skill in handling defective product compensation claims means that they can give you a step by step guide of the legal process involved. You do not even need to have purchased the product in question yourself to make a viable claim. If you were hurt while the product was being used by someone else (for example, a skin product applied in a beauty salon) or if someone gave you the product, you could still have grounds for making a claim.
You may also have to supply medical evidence to make a successful claim. Injury Lawyers 4U can arrange a consultation with a qualified medical expert, who can provide you with medical proof of the extent of your injuries and whether or not, in their expert opinion, the injury or illness was caused by direct exposure to a faulty product.
The compensation you could receive for a defective product injury
Each defective product injury case is different, so there’s no set amount you’ll receive if your case is successful. When we evaluate how much you could receive in compensation, we consider your injury and its severity, the impact the injury has had on your life and may continue to have, and any financial losses that have occurred as a result.
While the amount you could successfully claim isn’t fixed, you can use our compensation calculator to see the general damages you could receive for your injury. These figures are based on Judicial College Guidelines and only take into account the injury itself, not the long term impact or expenses incurred. For a more accurate estimate of the value of your claim, speak to our expert legal team. We strive to secure the maximum possible settlement for you and are ready to hear your case.
Deadline for filing a defective product injury claim
Typically, you have up to three years from the date you were injured to start a claim for a defective product, though this time limit may be extended if there is a product recall. The time limit may also be extended if the product was discovered to be faulty only after the injury occurred. In most cases, we advise that the best course of action is to begin your claim as soon as possible. This will allow your legal team to gather strong evidence and build the best possible case.
Receiving your compensation
Injury Lawyers 4U work on a ‘no win, no fee’ basis, so in general in the event that your claim is unsuccessful, you’ll have nothing to pay. To learn about your options for compensation, you can call our 24-hour line on 0333 400 4445 or use this contact form today.
