With Christmas just around the corner, people all across the UK are buying more than any other time of year. While most of the time people are satisfied with the goods they purchase, it is not uncommon for goods to be faulty, defective and even dangerous.
We are all aware of how the law protects our right to return faulty consumer good or have them replaced, but what happens when a faulty product causes injury to you or a loved one? An injury resulting from a faulty or defective product can cause great disruption to your life and may even be life changing. However, if a faulty or defective product injures you, you may be able to claim compensation. This post looks at what you need to know about making a faulty or defective goods compensation claim.
What types of defects and injuries can I claim compensation for?
The injuries sustained and the types of defects occurring in product liability claims are incredibly various, from contracting an illness having eaten contaminated food to being involved in a crash because of a vehicle defect. Common types of product liability claims include:
- Injuries to children as a result of faulty or defective toys
- Injuries caused by faulty electrical goods including hairdryers, televisions, mobile phones, laptops and chargers
- Injuries caused by cosmetics or beauty products
- Injuries caused by beauty salon treatments
- Injuries caused by contaminated food
- Injuries caused by medicine or other pharmaceutical products
- Injuries caused by other medical products such as implants, contraceptive devices, hip replacements, heart valves or pacemakers
- Injuries caused by products that were accompanied with improper or inadequate instructions
- Injuries caused through inadequate product warnings where a defect has been discovered
- Injuries caused as a result of faulty or defective materials used in a product
Furthermore, where a manufacturer discovers a fault or defect in a product, they must take adequate steps to make you aware of this fault or defect. If they do not, you may have a product liability compensation claim. Also, the way in which a product is marketed may also give rise to faulty product claims. This is, however, not an exhaustive list, and if you have suffered an injury as a result of any kind of defective or faulty product, please contact our solicitors to find out whether you could make a claim.
What can I claim for?
Under the Consumer Protection Act, you may sue for compensation, for death, personal injury and damage to private property, so long as the amount of personal injury or damage to property is valued at £275 or more. If your claim is successful, you will be entitled to two kinds of damages. First, you will receive general damages for pain, suffering and loss of amenity. Secondly, ‘special damages’ are awarded for any financial loss occurring as a result of your injury, including: loss of earnings, costs of medical care and any other associated costs. Very serious injuries may attract damages for loss of future earnings and to cover the cost of care, amongst other things.
Exactly how much you will be awarded depends on the severity of your injury. Judges determine general damages by comparing your case with damages awarded in similar cases.
Who can I bring a claim against?
If you have suffered an injury as a result of a faulty or defective product, you will bring your claim against the ‘producer’ - the person primarily liable for the damage caused by the faulty product. This will normally be the person who manufactured the product or the person who processed the product.
Furthermore, as well as the producer, you may also bring a claim against anyone who puts their name to the product or holds themselves out to be the producer. Where the product is manufactured outside of the EU, the person who brought the product into the EU will be held liable.
Are there any time limits that apply to bringing a product liability claim?
You must normally bring your claim within three years of suffering an injury. If you fail to do this, your claim will not be able to proceed, which is why it is very important to seek specialist legal advice as soon as possible.
Where your injury was sustained more than three years ago, it may still be possible to bring a claim, where you have discovered the injury was caused by a defective product in the last three years. However, the Consumer Protection Act (CPA) provides a longstop period, which outlines that any claims brought under the Act must be brought within ten years from the date the product was in market circulation.
Do I need a solicitor to make a claim?
Making a faulty product personal injury compensation claim can be complicated. While your case may seem straightforward, only a personal injury solicitor will fully understand the legal process and the different kinds of compensation you could be entitled to. To ensure you get all of the compensation due to you, you need an expert who is experienced in negotiating with insurance companies. Your specialist personal injury solicitor will be able to advise you of what kind of evidence you require to make your case properly and as strong as possible.
Furthermore, an expert personal injury solicitor will be able to present your case in the most coherent way to the other side, and if necessary to the court. This means that your case will be given the best chance of success. If you have been injured as a result of a faulty or defective product, contact Lawford Claims today, we can advise you on your personal circumstances and give your claim the best chance of success.
Contact Us
If you have been injured in the workplace or suffered from negligence or a breach of health and safety standards you could be entitled to make a personal injury claim. Contact us today to find out if you could be entitled to make a claim using our online contact form or give us a call on 0808 159 9292.