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Making a Product Liability Claim

Manufacturers are responsible for products sold to consumers and the safety of their customers is paramount. When we go to a store and buy a product, we expect the product to be worthy and dependable. The aim of the Consumer Protection Act 1987 (amended) is to help safeguard the consumer from products that do not reach a reasonable level of safety.

You should seek advice if a defective product has caused you personal injury as you may be entitled to claim compensation. All our claims are dealt with on a ‘no win, no fee’ basis, allowing you to seek personal injury compensation without the risk of expensive legal fees and with MyClaim, you keep 100% of the compensation that you are awarded.
‘Products’ for the purposes of product liability claims also include food and drink produce. Other products include consumer goods, pharmaceutical products and ‘bio-medical’ products, which are devices implanted into humans e.g. hip replacements, breast implants and pacemakers. Buildings are not covered but building materials such as bricks are covered.
What is a Product Liability Claim?

There are different types of product liability accidents that may occur. These are as follows:-

• Failure adequately to warn

The Act is not intended to extend to pure information. Printed matter is not therefore covered, except in the case of instructions or warnings for a product (in which case the producer of the product - not the printer - will be liable for errors or omissions in the instructions or warnings which make the product unsafe).

• Manufacturing faults: in which the product is defective as a result of something that occurred or failed to occur during the manufacturing process.
• Design faults; although the product may be manufactured exactly to specifications there is a problem or fault with the design.
• Negligent Surveillance; this tends to be when a manufacturer, on finding that one or more of its products is faulty, fails to warn consumers about the problems with its products – i.e by not issuing adequate warnings or by failing to issue warnings at all.

It is important for an individual to understand that the main concern of product liability accidents is that you are not the only one who is injured; there could be thousands of other people who might have the same product and may suffer from a product liability accident. You along with these other individuals are suffering from the purchase of this item and in pursuing a product liability claim you can help to save other people as well.
The Consumer Protection Act 1987 makes manufacturers or importers of products into the EU strictly liable for personal injury caused as a consequence of any product defect. A claim however must be pursued within 3 years of the date the injury was sustained or in the case of a minor the 3 years only starts when they reach 18 years of age. It is worth noting however that an injured person cannot sue under this part of the Act if ten years have elapsed since the defective product was supplied by the producer.
The range of products covered by this legislation is too vast to list on this page. Our personal injury specialists will be able to discuss your claim and give you advice on the prospects of success and the extent of any compensation.

What is a ‘Defect’?

Section 3 of the Act defines a defect as being present when "the safety of the product is not such as persons generally are entitled to expect".
The standard of safety that "persons generally are entitled to expect" is to be assessed in relation to all the circumstances, including (s.3(2)):

• The manner in which, and purposes for which, the product has been marketed;
• Its "get-up";
• The use of any mark in relation to the product;
• Any instructions for, or warnings with respect to, doing or refraining from doing anything with or in relation to the product;
• What might reasonably be expected to be done with or in relation to the product; and
• The time when the product was supplied by its producer to another;

What sort of damage is covered?

A person can sue under the Act for compensation for:

• Death
• Personal Injury
• Private property (as long as the amount of loss or damage is £275 or more)

The claimant must be able to show that, on the balance of probabilities, the defect in the product caused the damage

Who can be liable?

• Producers – Usually the manufacturer or, in the case of raw materials the person who mined or otherwise obtained them.
• Importers – Meaning importers into the European Community not just the United Kingdom.
• Own-branders – Suppliers whom put their own name on products and give the impression they are the producers.

Other suppliers, such as wholesalers and retailers, are not liable unless they fail to identify the producer, importer or “own-brander” if asked to do so by a person suffering damage.

Liability under the Act is joint and several, so the claimant may sue both (or all, if more than two) defendants. It is not possible to exclude liability under the Act by means of any contract term or other provision.
What will it cost me to make a claim?
Absolutely nothing. We operate on a no win no fee basis. This means that you will receive 100% of the compensation you are awarded. You may also have the benefit of Legal Expenses Insurance which we can discuss with you.
How long will my claim take?
It is hard to estimate how long any claim will take. The time scale depends on a variety of factors such as the severity of the injuries, how long you take to recover from your injuries and whether liability is admitted by the Third Party.
To find out if you have a product liability claim, simply call our freephone number 0800 731 2586 or complete the online enquiry form NOW for totally confidential, free, no-obligation, expert advice.

• Guide-to-making-a-Product-Liability-Claim.doc