When you purchase a product, you expect it to be safe, reliable, and fit for its intended purpose. Unfortunately, this is not always the case, and faulty products can lead to serious injuries, property damage, and psychological distress.
If you have been harmed by a defective product, you may be entitled to compensation through a product liability claim.
What Exactly is a Product Liability Claim?
Simply put, product liability relates to anything manufactured that is shown to be faulty or not fit for the purpose it was intended. This covers a huge range of goods, from mobile phones and child toys to cleaning products, foodstuffs, and medication—effectively, any product available to the public.
If a fault, contamination, or unfitness for purpose is found, the retailer, manufacturer, and/or the importer (into the EU) is responsible for the product and any harm or damage it has caused. The harm could include an injury, property damage, or psychological damage.
A product can be considered defective if:
- It fails upon first use or even years later, provided a reasonable person would expect the product to remain in use for that period.
- It is unable to do the job intended—for example, sun cream that does not protect against the sun’s rays.
- The adverse effects (particularly with defective medical products) are not known until some time later.
What Does the Consumer Rights Act Say?
The Consumer Rights Act dictates that all products must be:
- Satisfactory quality: Goods should not be faulty or damaged when received, meeting what a reasonable person would consider satisfactory.
- Fit for purpose: The goods should be fit for the purpose they are supplied for, including any specific purpose made known to the retailer before purchase.
- As described: The goods must match any description given or any models or samples shown at the time of purchase.
Furthermore, the Consumer Protection Act 1987 provides the framework for consumers to use a product in the knowledge that it is safe and fit for purpose, setting out who is liable for a faulty product.
Most Common Types of Product Liability Claims
The breadth of products available means claims can arise from many different areas. Common types of product liability claims include those involving:
- Furniture (e.g., chairs that collapse, or soft furnishings treated with toxic chemicals)
- Electrical devices and appliances
- E-cigarettes and phone batteries
- Beauty treatments
- Bicycles and motor vehicles
- Power tools and equipment, and DIY supplies
- Children’s toys and clothing
- Defective medical products and medication
Defects can arise from:
- Design fault: A fault not visible at the point of purchase, which means the product cannot live up to its intended purpose.
- Manufacturing defect: A failure in the manufacturing process or improper assembly, often due to poor quality control.
- Failure to warn: Not providing adequate warnings, such as not to place furniture near a direct heat source.
Injuries Caused by Defective Products
Injuries from faulty products can range from minor to catastrophic, and even fatal. Examples include:
- Catastrophic injury from defective power tools, motor vehicles, or bicycles.
- House fires caused by defective electrical appliances.
- Serious food poisoning from contaminated foodstuffs.
- Pain, suffering, and psychological effects from defective medical products, potentially requiring further procedures to correct or remove the device.
Product liability claims primarily affect the injured person but can also impact their family, financially or through the care they must provide.
Frequently Asked Questions
How do I make a claim?
If you have sustained an injury:
- Seek medical attention immediately.
- Obtain photographs of the product in its broken state and proof of purchase where possible.
- Contact a legal expert, like Oakwood Solicitors Ltd, to assess your case.
Note: Accepting a refund or compensation directly from the manufacturer/retailer does not automatically bar you from making a claim; you may be entitled to more than just your money back.
If you are aware of a defect with a medical product or device:
- Seek medical advice from a practitioner who can research any recalls and provide guidance on whether revision surgery or medication withdrawal is needed.
- Report the side effects to the practitioner or company who carried out the procedure.
- Contact a legal expert with details of the procedure, dates, and symptoms.
How much is my claim worth?
The value of a claim is assessed on a case-by-case basis. You can pursue two forms of compensation:
- General damages: An award for the pain and suffering endured as a result of your injuries.
- Special damages: An award for all out-of-pocket expenses, such as travel costs, medication, loss of earnings, and past/future treatment costs.
How is my case funded?
The majority of product liability cases are funded by a Conditional Fee Agreement (CFA), more commonly known as a ‘no-win, no-fee’ agreement. This means you pay nothing upfront, and nothing if the claim is lost. If successful, a maximum deduction of up to 25% of your compensation will be taken to cover the shortfall in legal fees.
An After The Event (ATE) insurance policy may also be obtained to cover the costs of expensive medical reports and investigations, which is also only payable if your claim is successful.
What are the time limits for bringing a claim (Limitation)?
The Limitation Act 1980 sets out the timeframes for bringing a claim. For product liability:
- A claim, even for personal injury, must be brought within 10 years of the product being brought to market (the date the product is made available to the public).
- If the claim includes personal injury, you have an additional deadline of three years from the date of the injury or three years from the date of knowledge—the date you knew the injury was caused by the defective product.
The ‘date of knowledge’ is particularly important for defective medical products, as symptoms may not be linked to the device until years later. However, the 10-year limit from the product being brought to market still applies.
How long will my case take to run?
Given the complexities, product liability claims often take 18-24 months to conclude, and potentially longer if court proceedings are necessary. Investigations involve obtaining records, establishing rehabilitation needs, and identifying the correct defendant.
Further information:
Accidents Caused By Faulty Products.
WHAT TO DO NEXT
If you have experienced an accident due to a faulty product, get in touch today for a no-obligation consultation.
Choose one of the methods on the right-hand side of this page or call us on 0113 323 2391 to find out how we can help you.
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Leah Munro joined Oakwood Solicitors in 2024 originally as an apprentice in customer service. She is now a Trainee Paralegal in our Medical Negligence team.
Leah plays a key role in gathering evide…
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