As a consumer, you should feel that any products you buy are safe to use. Therefore, Product Liability Claims are essential so that brands ensure their products are safe to use.
This is not always the case. Faulty products have caused people serious injuries or caused significant damage to other property, including your home. If a faulty product has harmed you or caused damage to your property, you may be able to claim compensation from the manufacturer. This claim is under the legislation surrounding product liability.
The rules for product liability are a combination of statutory law, contract law and tort law. No matter how you make a claim, there are three points that you need to prove for your claim to be successful. These are;
- First, that the product is, in fact, defective;
- Next, the defective product caused some harm or loss to the claimant;
- Finally, the defendant is legally responsible for the defective product.
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 fails to ensure that sufficient warnings are displayed on the product packaging.
- Failure to issue a recall – A claim can be brought under this category if a manufacturer has failed to recall a faulty product even though they knew about it. 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 you can’t claim for the cost of a replacement product. You can, however, claim for 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.
How we can help
At The Compensation Experts, our experienced advisors can answer any questions you have and offer professional advice about the best way to make a claim if you are entitled to. There is no cost or obligation to this initial consultation, and if you are eligible and decide to go ahead, we will match you with a specialist solicitor who has experience making compensation claims due to defective products.
Depending on the nature of your injury or 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, but your solicitor will explain the implications of each. They will then recommend which is the best solution for you.
One of the biggest concerns clients have before they contact us is whether they will be left out of pocket if their claim is not successful. We offer our customers a No Win, No Fee* agreement which removes this risk and promises that if your request is not agreed, you will not have to pay any legal costs. *conditions may apply
*conditions may apply
Need some help?
Am I eligible?
If you have been harmed physically in the last 3 years, due to someone else’s negligence, the short answer is yes.
Exceptions to this are for instance industrial disease or if you were a child at the time of the accident. In this case you may have a longer period to claim.
How much could I claim?
As every injury is different, the amount of compensation paid out can differ case to case. Varying factors lead to the final figure. These include: extent of your injuries, loss of earnings, future losses and more.
Our dedicated team of experts will give you an indication of how much you could potentially claim for.
How does the process work?
We understand that when making a claim it’s important to know what to expect and when to expect it. That’s why we make the process as transparent & clear as possible.
Your solicitor will gather all the evidence and will notify the negligent party that you wish to begin claim proceedings. With your solicitor negotiating on your behalf, you will be up to date every step of the way.
Why should you use us?
No Win No Fee*
We assess all claims on a No Win No Fee basis, then we can determine how successful a claim is likely to be. This service is 100% free.
We assess each claim on its merits with the information you provide. This will help us determine its likely success rate. *conditions may apply
Our dedicated panel are experts in securing compensation no matter the injury.
Our panel of personal injury lawyers are committed to securing the best possible outcome for you while providing expert support every step of the way.
Personal Dedicated Team
Each client has their own Personal Injury lawyer who will work on the case from start to finish. They will also be there every step of the way. The client has a direct phone number and direct email address of the lawyer.
Expert defective product claim experts working for you
We specialise in helping victims of injury claim the compensation they deserve.
We work on a No Win No Fee* basis, so if we don’t win your case you don’t pay! Once you make contact, our experienced team will work to recover the maximum compensation you are entitled to. *conditions may apply