Product Liability Claims
We specialise in helping those who have suffered due to defective products claim the compensation they deserve
Product liability insurance claims
As a consumer, you should always feel that any products you buy are safe to use, especially in your own home. This is not always the case, though, and faulty products have caused people serious injuries or caused significant property damage.
If a faulty product has harmed you or caused damage to your property or possessions, you may be able to claim compensation from the manufacturer. This claim is under the legislation surrounding product liability.
Product liability insurance claims are made according to a combination of statutory law, contract law and tort law. No matter how you make a claim, there are three points that your product liability lawyer will need to prove to be successful. These are:
- That the product is, in fact, defective.
- The defective product caused some harm or loss to the claimant.
- The defendant used the defective product in a reasonable and responsible manner, and as it was intended.
Types of product liability claims
In effect, there are four types of product liability claims. These are:
- Manufacturing – the product suffered damage during the manufacturing process.
- Design – the product has a design flaw which has led to injury or damage.
- Warnings – the manufacturer failed to display sufficient warnings on the product packaging.
- Failure to issue a recall – product liability claims can be brought under this category, if a manufacturer has failed to recall a faulty product even though they knew about the defects. If this fault subsequently injures a party, the manufacturer can be held liable.
If your claim ends up going to court, the court is entitled to take various circumstances into account. These include the way it was marketed, the product instructions or warnings and the level of technology that was available when it was produced.
You should note that your product liability lawyer can’t claim for the cost of a replacement product. You can, however, claim for product liability personal injury, death, or damages to private property caused by a defective product.
How long you have to make a claim
You have three years from the date of the cause of the physical harm or property damage to make a claim. However, the sooner you open product claims proceedings, the quicker your product liability lawyer can win you the compensation you deserve.
How we can help
At The Compensation Experts, our agents can answer any product liability injury questions you have, and offer help about the best way to make a claim. There is no cost or obligation to continue after an initial conversation, but if you are eligible and decide to go ahead, we will match you with a specialist product liability lawyer who has experience making defective product claims.
Depending on the nature of your product liability injury, the level of damage to your other property, and the type of product, you may have the option of claiming against the manufacturer, importer, or retailer. However, your product liability lawyer will explain the implications of each, before recommending which is the best solution for you.
One of the biggest concerns that clients have before they contact us is whether they will be left out of picket if their claim is not successful. Because the solicitors we work with offer a no win no fee agreement, the risk is removed and you will not be required to pay any legal costs if your case is unsuccessful.
Typically, customers pay 25% including VAT of the compensation amount that is recovered by our third-party law firms, although this is subject to your individual circumstances and the actual fee may be more or less than this. For example, you may be required to pay an additional fee for other costs such as after-the-event (ATE) insurance. Termination fees may apply.
The easiest way to start product claims proceedings is to simply call The Compensation Experts on 01614138765. Alternatively, you can complete our online form and let us know when you would like us to call you.
*conditions may apply
Am I eligible?
If you have experienced product liability injury or accident in the last 3 years, due to someone else’s negligence, you could claim compensation.
Exceptions to the three-year rule include industrial disease or if you were a child at the time of your product liability injury. If either of these apply to you, you may have a longer period to claim.
How much could I claim?
As every product liability personal injury is different, the amount of compensation paid out can vary between product claims. Factors that contribute to the final figure include the extent of your injuries, loss of earnings, and estimated future losses.
Our dedicated team of experts will give you an indication of how much compensation you could potentially claim for.
How does the process work?
When making product claims, it’s important that you know what to expect and when to expect compensation. That’s why each product liability lawyer we work with will ensure the process is as transparent & clear as possible.
Your product liability lawyer will gather all the evidence and notify the negligent party that you wish to begin claim proceedings. Negotiating on your behalf, your solicitor will update you every step of the way.