Product liability claims

Defective products injury claims

Product liability claims are a type of personal injury claim. If products are defective and cause injury a claim may succeed not only against the manufacturer but can also generally be made against a seller or even a distributor.

With some product liability claims the injury will occur when the product is first used. However, it is possible to make a claim even where you have had a product for a long time. An example of this would be where a couch is supposed to be fire safe but, having been owned and used for perhaps years, a fire starts in the couch and causes injury.

With product liability claims it is not always easy to establish that the product was defective without quite a significant amount of legal work and investigation. You may need lawyers to pressurise the potential defendants to disclose the safety testing and other work they did or did not do in order to establish whether they may be legally liable.

Legal duties of manufacturers to ensure products are safe

There are two main types of  legal claims for product liability claim, and when starting a court claim it is usual to claim under both - the Consumer Protection Act 2015 and also under common law of negligence.  Manufacturers are required to :-

• Carry out adequate research into safety when designing and manufacturing a product.

• Carry out sufficient testing on the product before marketing and selling.

• Ensure that buyers are advised using instructions and warnings about potential danger.

• Recall a product if a potentially dangerous defect becomes apparent.

Common types of product liability injury claims

• Allergic Reaction Claims especially nut allergies

• Kitchen appliances – there is a very wide  range from electrical appliances such as toasters or kettles through to gas hobs or kitchen utensils such as frying pans or blenders

• Furniture

• Claims relating to cosmetic surgery such as breast implants or dental implants

• Defective Medical Equipment Claims

• Defective Vehicle Injuries.

• Defective drugs and medicines – the most obvious and well known example of many is thalidomide.

• Defective electrical products.

• Defective cosmetic products which increasingly includes cosmetics which can cause burns or a wide range of injuries.

When deciding if a manufacturer, seller or distributor have discharged legal duties to consumers there are some variable factors which will include inherent risks of the product, the usual uses of the product, and how the product was marketed.

Time limits for Product liability claims

With personal injury claims generally, the main time limit is to start a formal court claim within 3 years of the injury. With product liability claims there is also a long stop date of 10 years from the date the product was first brought to market.

Product liability solicitors

If you've been injured by a faulty or defective product, then our lawyers could help you claim compensation. No win no fee will be considered by us. Please do get in contact.