Defective product solicitors

Our team’s solicitors and lawyers are specialists in defective products and consumer law claims. They have advised numerous clients with their claims for compensation relating to a range of defective product claims such as, defective sofas, defective motor vehicle parts and other consumer products. 

There are strict safety laws governing the products sold in this country and these come under The Consumer Protection Act 1987 (‘the Act’). In order to bring a successful defective product claim, it is important to understand the following:

What is a product?

Under the Act, product covers all consumer goods and these can range from:

  • Medical devices
  • Faulty consumer products
  • Cosmetic products
  • Defective electrical goods
  • Faulty kitchen appliances causing carbon monoxide poisoning

When is a product defective?

A product is defective when it does not meet the legitimate expectations of the person who generally uses it. In establishing whether a product is defective, the court will take into consideration the manner and purpose for which the product was marketed, any instructions or warnings which accompanied the products and what might be reasonably expected to be done with the product at the time the product was supplied.   

There have been a number of stories which hit the headlines in the recent years, where a defective consumer product caused personal injuries. These included:

  • The ‘toxic sofa’ claims where individuals have suffered burns and rashes from faulty leather sofas;
  • Hair dye claims for compensation for people who suffered burns and catastrophic allergic reactions after using hair dye
  • Defective electrical goods which caused house fires
  • Claims where people were injured in car crashes caused by defect brakes
  • Children who suffered amputation injuries after using defective push chairs

Who’s responsible when a product is faulty?

The manufacturer is the person primarily liable for any damages caused by the faulty product.  If the product has been processed as opposed to manufactured then the person who abstracted or processed the product will be liable.

When can one make a claim?

Under the common law of negligence, if a product is faulty and causes injury as a result, a claim for damages can be made but the claimant has to prove that the defect was caused by negligence. The Act introduced statutory liability for defective products and imposes strict liability on manufacturers of defective products for harm caused by those products. The claimant need not be the owner or purchaser of the product.

 

Product Liability claim - glass jug cracked

Miss B purchased a glass measuring jug from a well known retailer. Approximately seven...

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Successful Product Liability claim - Trampoline

A six year old girl was playing on a new trampoline in the back garden at her home. She got down...

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Thank you again for everything, I am so happy that I can finally look towards the future and start drawing a line under the accident and putting it in the past where it belongs...I don't think I've felt this happy in ages, it's like a massive weight has been lifted from my shoulders just knowing that it's all done.

Miss M, London 

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For more information or to speak to one of our experts, please call 0800 029 4802