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Defective Product Claim

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Defective Product Claim

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Jane,
09 July, 24
Courteous, fast and competent service
I would definitely recommend Lawhive also for the way the service is structured with a quick initial call and then their online private chat, which saves unnecessary costs, time and provides the kind of flexibility to follow the case when it’s more convenient to you.
Fabrizio,
12 July, 24
Great service and job well done
Great service, excellent communication, very accommodating with timing and date requests. All done efficiently. Highly recommended.
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23 July, 24
Very happy indeed
A great service and in my experience, knowledgeable, helpful and experienced solicitors who's help I found to be invaluable. Thank you Lawhive, great job.
Paul,
26 July, 24
Had a great experience with Lawhive
Had a great experience with Lawhive, not only did I get a great price compared to everywhere else I looked, but my assigned solicitor was amazing and super helpful every step of the way. I even got my wanted outcome with my custody case in the end.
Danny,
27 July, 24
Exceptional Support
I recently used Lawhive to assist with my British citizenship application, and the experience was fantastic. My lawyer was incredibly helpful and kind throughout the entire process.
Angels,
29 July, 24
We had a very good experience with…
We had a very good experience with lawhive our solicitor was kind attentive and quick. She gave us all the relevant information and advice and sorted out our matter in a clear and straightforward manner. We are very grateful and pleased that we chose your services and would highly recommend.
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About

A defective product claim arises when someone is harmed or injured due to a flaw or defect in a product. It holds the manufacturer or distributor responsible for injuries caused by the product's lack of safety. The Consume Protection Act 1987 in the UK imposes strict liability on product suppliers for injuries caused by defective products. A product is considered defective if it does not provide the level of safety that consumes are entitled to expect. This can include design flaws, manufacturing errors, or inadequate warnings. You can claim for injuries caused by defective products, including physical harm, psychological distress, or damage to property directly resulting from the defect. Liable parties in these cases include the manufacturer, importer, or anyone who supplied the product in the course of their business. Even if the product was not made by the defendant, they can still be held responsible. Unlike other personal injury claims, The Consumer Protection Act 1987 does not require proof of negligence. Instead, it focuses on strict liability. You only need to show that the product was defective and that this defect caused your injury. Essential evidence includes the defective product itself, proof of purchase, medical records documenting injuries, and any information about the defect's cause. Generally, the time limit for making a defective product claim is three years from the date of the injury or knowledge of the defect. However, exceptions exist, so consulting with a solicitor is recommended.Next steps

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Defective Product Compensation Claims

We rely heavily on lots of products every day, from our trusty phones and laptops to the fridge keeping our groceries fresh. But what if a product turns out to be faulty and doesn't work as expected? And what if it goes a step further and causes you harm?

defective-product-claim

You have specific rights when it comes to dealing with faulty products. And, if you are injured by a defective product, you have the right to seek compensation.

At Lawhive, our personal injury solicitors are on hand to help you make a claim quickly on a no-win, no-fee basis.

To start or discuss your claim, get a free case assessment from our legal assessment team today.

What is a defective product claim?

We all want the products we use daily to be safe. But under consumer law, that's not just wishful thinking - it's a requirement. By law, all manufacturers have to make sure their products are safe for the customer.

The main piece of legislation that covers product safety law is the Consumer Protection Act 1987. This law means you may be entitled to compensation if you’re injured by everyday items like your washing machine, TV, or laptop.

A product is considered faulty when its safety falls short of what you'd generally expect.

Product safety can be determined by:

  • The purpose the product was sold for;

  • The safety warnings and guidance that come with the product;

  • The reasonable uses of the product.

So, if you find yourself dealing with a faulty product that caused you harm or damaged your property, the law is likely on your side and you may be able to make a personal injury claim.

Why do defective product claims arise?

There are three main reasons why people file claims for faulty products:

  1. If a product is poorly designed;

  2. If it is not thoroughly tested to avoid harm;

  3. If the messaging about the product, like the warnings, is unclear.

What is product liability? 

Liability means being responsible for actions or, in some cases, failure to act. When it comes to product liability, this area of law holds manufacturers, distributors, suppliers, and retailers accountable when their products cause injury to customers.

At Lawhive, our expert defective product injury compensation solicitors have many years of combined experience bringing businesses that make faulty products to justice. With the help of our legal experts, you can get the compensation you deserve and need to get on with your life.

What types of defective products could cause injury?

Defective products can come in all shapes and sizes, and almost any product can pose a risk if it's designed with a fault or lacks proper safety warnings.

Some of the most common defective products that can cause injury include:

Electrical equipment

Faulty design or manufacturing can lead to electric shocks or, in severe cases, electrocution. Devices like mobile phones, e-scooters, e-cigarettes, and other electronics might also cause burns even house fires.

Vehicles

Whether it's a car or any road vehicle, if it doesn't meet safety standards, drivers and passengers could be at risk. Faulty brakes or seatbelts that fail during a crash are examples of this.

Gardening and DIY tools

From drills to lawnmowers, tools need to meet safety standards. If a tool, like a faulty drill, causes vibration issues, you could be eligible for compensation.

Children's toys

The Toys (Safety) Regulations 2011 hold manufacturers accountable for unsafe toys. If a toy doesn't meet safety standards and injures a child, it could lead to a compensation claim.

White goods

Appliances like washing machines, dryers, toasters, kettles, and hobs can pose risks when they develop safety faults, leading to burns, scalds, or finger injuries.

Food

Most people don't know that you can claim defective injury compensation for contaminated food purchased from supermarkets, shops or restaurants.

Cosmetics

Skin creams, tooth whitening kits, makeup, and hair dyes can cause serious burns or skin conditions. Unclear instructions or product defects may warrant a compensation claim.

Furniture

Sofas, chairs, beds, mattresses, and other furniture items could lead to injuries if they collapse or include sharp edges.

If you've been injured by any of these products due to defects, inadequate warnings, or lack of instructions, our network of personal injury solicitors is here to help you seek the compensation you deserve.

What types of injuries can defective products cause?

There are a lot of ways you might get injured by a product, too many for us to list them all.

However, below we’ve compiled a list of some of the more common injuries we see in defective product compensation claims:

  • Injuries sustained falling from a faulty ladder;

  • Burns from a defective electronic device;

  • A child injured by a toy that doesn’t work properly;

  • Food poisoning from contaminated products;

  • Getting hurt when a chair collapses;

  • Scarring or rashes from a substandard beauty product;

  • Pain and suffering from defective medical implants;

  • Getting whiplash from vehicle breaks that don’t function properly.

Defective products and the law

In the UK, the Consumer Protection Act 1987 is the go-to for consumers who've faced injuries due to faulty products. This act allows consumers to sue manufacturers in such cases. Many companies have public liability insurance to cover the cost of these claims.

Other legislation relating to directive products include:

  • The Product Liability Directive says that products should be of normal quality and performance. If not, they should be repaired or replaced;

  • The Consumer Rights Act 2015, says that products must be as described, fit for purpose, and of satisfactory quality.

On top of this, specific products have regulatory bodies, and companies often have to follow standards for compliance.

What should I do if I’ve been injured by a defective product?

If you've been injured by a defective product, it's important to gather proof to support your case.

You'll need to show that:

  • You followed the safety guidelines and warnings outlined by the manufacturer;

  • The product was defective;

  • You suffered injuries as a result of using the product;

  • There is a clear link between the use of the defective product and the injuries you sustained.

Evidence of the above is essential for building a compelling case. Working with a defective product injury solicitor can help you with this process and make sure you have all the necessary elements to get the compensation you deserve.

Supporting evidence for your claim can include:

  • Medical reports;

  • Photographs and videos;

  • Independent reports;

  • Product packaging.

How to report a defective product.

If you discover a product is faulty you should start by telling the manufacturer. They usually have a process for complaints.

If that doesn't solve the problem, your local trading standards office may be able to help.

If the faulty product is in your workplace, report it to your employer in the first instance.

When making a report, you should note what's wrong with the product, take pictures, and document any injuries. It will also help to make a note of things like CE markings, and the manufacturer's details.

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Can I make a compensation claim if I’m injured by a faulty product?

Under the Consumer Protection Act, anyone, not just the purchaser can claim if they were injured by a faulty product, as long as the product was used as intended, following the safety warnings and guidelines provided.

Furthermore, if your property is damaged by a faulty product, you can claim if the damage exceeds £275.

Can I make a compensation claim if a defective product made my existing medical condition worse? 

If a defective medical device worsens your existing medical condition, you may be entitled to compensation.

While medical devices are usually manufactured under strict safety standards, unfortunately, things can still go wrong, and the consequences can be severe.

Consider a pacemaker failing - this could be not just serious but potentially life-threatening. Other medical devices that might fail and lead to worsened conditions include:

  • Hip replacements;

  • Spine implants;

  • Joint replacements;

  • Defibrillators;

  • Surgical mesh implants (e.g. Hernia mesh implants).

When a medical device negatively impacts your health or worsens an existing condition, you have the right to seek compensation. Our team of medical negligence solicitors has experience in handling medical claims and is ready to support you through the process.

Get a free case assessment today to start your claim.

Can I make a compensation claim if I didn’t buy the faulty product myself?

Yes, if you meet all the other criteria mentioned earlier in this guide, you can make a defective product claim even if you didn't purchase the faulty product yourself.

Can I make a defective product claim if I was at fault?

If you are injured by a product because you didn't read the instructions properly or follow any warnings, you usually won't be able to claim as you would be at fault.

However, in some instances, you might be able to claim that you were only partly at fault, however, the compensation you receive will be reduced to reflect your part in the incident.

If you're unsure of the strength of your claim, speaking to a legal professional can help you get clear on your claim.

How much compensation will I get for a product liability claim? 

The amount you’ll be able to claim depends on several factors related to your injury including its circumstances, the extent of the injury, the time it takes to recover, and how much support you need.

Here are the most common factors:

  • Current and future loss of earnings through not being able to work;

  • You care and support needs, current and future;

  • Medical expenses, and travel costs to reach the appointment;

  • The cost of modifications to your home or vehicle;

  • Any mobility aids, such as a mobility scooter you need;

  • Your pain and suffering.

A solicitor will be able to give you an estimate of how much you could claim. Get in touch with us today to discuss your case.

Can I make a product liability claim if the accident happened abroad?

If you got hurt by a product you bought overseas, getting compensation can be a bit more complicated.

When you sue the company responsible for the product in another country, they often have to cover the costs for lawyers, court fees, and the compensation amount decided by the judge.

The deadline to file a claim for defective product claims can vary depending on where you are in the world. So, it's a good idea to get legal advice early on. That way, you won't miss the deadline and can still make your claim.

How long do I have to make a compensation claim for a defective product? 

If you've been injured by a faulty product, you generally have a three-year window to file for compensation, starting from the day of the injury.

If the injury involves a child, the timeframe begins when they turn 18, but those with parental responsibility can start a claim on their behalf.

Additionally, if the manufacturer recalls the product, the deadline for filing a claim may be extended, giving you more time to pursue compensation.

How long will a defective product claim take? 

The time it takes to settle a defective product claim varies based on the situation. Since every case is different, it's not easy to predict an exact timeline.

If the party responsible for the injury admits fault early on, you might see a payout in around 6 months. Generally, cases where liability is accepted within 6 to 9 months are quite reasonable.

For a personalised estimate of how long your specific defective product claim could take, talk to our legal assessment team who can provide insights based on the details of your case and help set expectations.

Will I need to go to court for a defective product injury compensation claim? 

Often defective product claims are settled out of court. However, if this is not possible, the next step involves filing a claim with the court.

Can I make a no-win no-fee defective product compensation claim?

Most personal injury cases, including those involving defective products, work on a no-win, no-fee basis. That means you don't have to pay any money upfront to start your claim. Plus, if your claim isn't successful, you generally won't have to pay a penny.

It's wise to chat with your solicitor about their fees before jumping in. At Lawhive, our personal injury solicitors can provide their expert services on a no-win, no-fee basis, empowering you to claim without worrying about finances.

How do I start a product liability claim?

If you're ready to start a defective product claim, the best place to start is to get in touch with our legal assessment team for a free case assessment.

All of our team are trained in all aspects of the law, including personal injury, and they can help you understand the strength of your claim, and how long it may take, and match you with an expert solicitor to spearhead your case.

How Lawhive can help

Our legal experts have helped many people in your situation get the compensation they deserve.

Get in contact with us today for a no-obligation, free case assessment.

They will be able to quickly let you know if you can make a claim, how much you could compensation you may get, and how long it will take.

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All claims cases are handled by Lawhive Legal Ltd, a fully SRA regulated law firm (SRA number: 8003766). Our commitment is to provide professional legal services in compliance with the Solicitors Regulation Authority (SRA) guidelines. If you have any questions or concerns about a claim, please do not hesitate to contact us. Your satisfaction and understanding of the legal process are important to us.

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