Faulty items this Christmas - Warning over ‘dangerous’ products

Home » News & Knowledge » Warning over ‘dangerous’ faulty items this Christmas

As Christmas morning comes and wrapping paper is ripped to reveal new shiny toys and presents, the last thing on your mind is sustaining an injury from your new prized possession.

But, the huge influx of new electrical items, children’s toys and speciality food items could increase the risk of a faulty product causing an accident or worse over the festive period.

Faulty products can be very dangerous, with the risk of causing health problems, fire hazards and serious accidents. But, although regulations are in place to protect customers, issues can still arise.

Faulty items this Christmas

For example, the Office for Product Safety and Standards recently recalled a child’s Nuby Penguin Nightlight, which was being sold at Tesco after presenting a risk of electric shock. Several children’s Rainbow Road Board Books (2309-0140 and 2310-0060) were also recalled after presenting a risk of choking this year.

The Consumer Protection Act 1987 provides the provisions and protection for consumers to use a product in the knowledge that the product is safe and fit for purpose. But sometimes incidents can still occur.

According to statistics, more than a quarter of electrical fires (25.9%) are caused by faulty appliances and leads. Meanwhile, the Food Standards Agency regularly issues food recall notices when food items have made their way onto shelves but could pose a possible health risk.

A notice was recently issued because a Morrison’s ‘free-from’ breakfast cereal failed to declare milk and nut allergens on the label which could pose a risk for people with allergies. A Thai Green curry being sold at major supermarkets including Tesco and Sainsbury’s was also recalled due to undeclared mustard.

However concerning figures show that the average success rate of a product recall is around 10 to 20%. This means that there are huge volumes of recalled products still being used by the public.

Faulty items and product liability – The law

Product liability relates to anything manufactured that is shown to be faulty or not fit for the purpose it was intended. This could include any product from child toys, to cleaning products, to mobile phones, to foodstuffs, and even medication. Effectively, it’s any product available to the public.

If such a fault or contamination is found or the product is not fit for purpose, the retailer and/or the manufacturer is responsible for the product and any harm or damage it has caused.

What does the Consumer Rights Act say?

The Consumer Rights Act dictates that all products must be of satisfactory quality, fit for purpose, and as described.

Satisfactory quality – Goods shouldn’t be faulty or damaged when you receive them. You should ask what a reasonable person would consider satisfactory for the goods in question.
Fit for purpose – The goods should be fit for the purpose they are supplied for, as well as any specific purpose made known to you by the retailer, before you agreed to buy the goods.
As described – The goods supplied must match any description given to you, or any models or samples shown to you at the time of purchase.

The Consumer Protection Act 1987 provides the provisions and protection for consumers to use a product in the knowledge that the product is safe and fit for purpose. The Act sets out who is liable for a faulty product.

We at Oakwood Solicitors Ltd are here to help you win your case against any manufacturer or persons deemed as the producer who has sold you a faulty product and has caused injury or property damage.

Some examples may be an injury, property damage, or psychological damage. It can be quite obvious when a product is defective, it may fail the first time of use or some years later. However, if it can be shown that a reasonable person would expect the product to remain in use and should remain in use for that period and it fails, then the product is defective.

Similarly, if a product does not fail but it simply is not able to do the job intended, then the product is not fit for the purpose it was intended and is, therefore, defective.

The effects of some products may not be known for some time. This is particularly the case when defective medical products are used. It may be a number of years before the adverse effects of a medication or medical device are known.

Common product claims

There are a vast number of products out there, and these claims can arise from anywhere. However, you may have seen many of those that have hit the headlines in the past, such as defective tumble dryers, mobile phone batteries, and a number of children’s toys.

Also, there are many food products that are recalled due to contamination and may result in serious injury. Within the UK alone there are many products recalled every week, so there is a wide variety of claims that can be made against the companies who bring these products to market.

This includes medications, aides, and medical implants that may cause adverse or unintended consequences. Examples of this may be defective breast implants, hip joints used in hip operations, or permanent contact lenses.

It is a common misconception that these cases are the fault of the medical practitioner, however, if a defective product is used in good faith by the medical practitioner, it is not the fault of the medical practitioner but the fault of the manufacturer.

Product Liability Injuries

Serious injuries can be caused as a result of a defective product – and some could even be fatal. Products such as defective power tools, motorcars, or bicycles can often result in catastrophic injury to the user and those around them. These injuries can have a knock-on effect on a person’s life, for example, if they are unable to work and face financial hardship as a result.

Often in the headlines, you will see foodstuffs being recalled. As you can expect, contaminated food which may hit the shops and supermarkets can be a major risk to the public and recalls issued may be found in the public domain or across the various medial platforms. Often, serious food poisoning can result from these contaminated products.

If a medical product is found to be defective, this can be very worrying for the patient. It may be that you are not symptomatic but are aware of a recall or have been warned of a potential defect. In these cases a claim can be brought for the pain, suffering, and psychological effect this may have, alongside compensation for undergoing a further procedure to correct or remove the product or medical device.

Making a claim

If you have sustained an injury as a result of a defective or faulty product then first, you should seek medical attention as required. With regards to making a claim for the injury, you should obtain photographs of the product in its broken state where possible. It would also assist to obtain proof of purchase. We can then assess the prospects of the case and advise you accordingly.

If you have reported the matter to the manufacturer or retailer, you may be offered a refund or compensation from them directly. By accepting this, it does not automatically bar you from making a claim and you should seek our advice on this. You may be entitled to more than just your money back.

If you are aware of a defect with a medication or medical device then you should seek medical advice. Any medical device that has been recalled will be made known to medical experts or can be easily researched by them. The medical expert will provide advice to you. It may be that revision surgery is required or the medication needs to be withdrawn.

If you decide that you wish to make a claim or seek advice on making a claim, you can contact Oakwood Solicitors and we can assess your case. We will require details, where possible, of the practitioner or company whom carried out the procedure, details of the dates this was undertaken and details of what symptoms you are experiencing.

We would also advise that you report the side effects to the practitioner or company who carried out the procedure. We can then assess the prospects of your claim and look to obtain compensation for the injury.

Warning over ‘dangerous’ faulty items this Christmas