Defective product injury - seeking damages?

A defective product can cause injuries. There are many laws that are in place to ensure that the products we buy are safe for us to use or consume.

If you have been injured and require initial free advice call Debra Kirwan on 0870 998 9057 or contact her by email.

Unfortunately, the high standards required by the law are not always met throughout product manufacture, which can result in a potentially dangerous product being sold to a member of the public. Every year, many people are injured, scarred, or suffer serious illness as a result of the sale of defective products.

Similarly, you could be working with harmful materials on a daily basis in your employment and not be aware of the risks because your employer has not explained the correct safety procedure to follow.  This was the case for a North Frodingham man who was scarred for life by concrete burns, securing a compensation settlement.  You can read the full story by clicking here.

If you have experienced a similar situation and would like to talk to Ralli, please call us now on 0870 998 9000 and find out how we can help you.

The Law

The Consumer Protection Act 1987 provides the legal basis for ensuring the safety of consumers in the UK. The Act incorporated the European Product Safety Directive which makes it much easier to pursue a claim against a manufacturer of a product which causes an injury.

The Directive means that anyone who is injured by a defective product can sue for compensation without having to prove that the producer of the product was negligent. All you have to show is that the product was defective and the defect in the product caused your injury. This law makes it easier for injured client's to succeed in recovering compensation for their injuries.

What is Covered?

The Act covers ALL consumer goods, including goods used in the workplace, food, building materials, games and even agricultural products. More or less ALL products are covered.

We have extensive successful experience of representing for people who have been harmed as a result of:

Defective Cosmetics

Millions of cosmetics are sold in the UK every year, ranging from soaps and shower gels to perfumes and hair dyes. All cosmetics should be made from safe ingredients and be clearly labelled as to what ingredients they contain.

Common injuries include bad reactions to hair dye or make up.The injuries sustained can be scalding, skin rashes and inflammation. Some of these create great embarrassment to the injured person whilst others cause pain and may leave scarring that may last for life.

Claims can also be made for cosmetic treatments such as laser hair removal or laser eye surgery.

Defective Medicinal/Pharmaceutical Products

Claims have arisen as a result of:

• Faulty bio-mechanical devices that cause an injury
  
• Inaccurate packaging or instructions on drugs
• Medical implants and joints causing injury
• Faulty implants

Other types of products covered by the legislation include:

• Inaccurate packaging on food
• Electrical goods such as kitchen appliances or equipment
• Cars
• Toys
• Household Items
• Sports Equipment such as bicycles and gym equipment

The list is not exhaustive; as mentioned before, the legislation covers almost any product.

What Can I Recover Compensation For?

You can sue for compensation if death or personal injury is caused. You can even claim for damage to private property (providing it is worth £275 or more).

What is Involved?

To make a successful claim, you will need to prove that another person was responsible for your accident. In defective product claims, this could include the manufacturer of the product, or the person or shop that sold it to you. You have to prove that that item was defective and the defect caused your injury.

The fact that an item is of poor quality does not make it a defective product. Furthermore, the mere fact that a manufacturer comes up with a more satisfactory item at a later date does not make the original item defective.

A product is deemed defective only when its safety is below the standard consumers are entitled to expect.

Courts look at:

The purpose for which the product was originally supplied and the purposes for which is might reasonably have been used
The manner in which the product was marketed
Any instructions, manuals or warnings given with the product
The time the producer supplied the product

What do I do if I have been injured by a Defective Product?

If you have been injured by a defective product:

• Make sure you retain the original receipt
• Try to take good photographs of the faulty product itself
• Retain the defective goods as evidence

If the accident happened at work:

• Make sure you reported it to the person responsible for it
• Make a note of your accident in the accident book
• Take the names of any witnesses

Remember to keep receipts for prescription costs and travelling expenses.

To contact our specialist personal injury lawyers online click here or call us on 0870 998 9000.