Electric Shocks Warnings over Mobile Phone Charger
A mobile phone charger which is being sold in plain white packaging has been recalled due to concerns over causing users electric shock.
The pins are over sized requiring force to be used to insert and remove the plugs into the socket. Concern has been raised that this force could cause internal damage resulting in live wires to be exposed thereby increasing the risk of electric shock.
The charger does not comply with the European standard EN 60950 or the relevant UK standard.
The packaging of this product does not have any markings but the base plate of the charger says “Mr Gadget’s”.
If you have bought one of these charges you are advised to stop use of the same.
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 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 and/or importer of that product (into the EU), is responsible for the product and any harm or damage it has caused.
Limitation
There is a statute of limitations that covered all claims brought and included within this is product liability claims. The Limitation Act 1980 sets out the law with regards to the timeframes a person can bring a claim against another party. Court proceedings must be issued with the Court, against the intended Defendant, within this timeframe.
In respect of product liability, there are two levels to the Limitation of such claims. Firstly, any claim, including personal injury, must be brought within 10 years of the product being brought to market. This is the date the product is made available to the public.
However, if the claim does include personal injury, you have three years from the date of the action (i.e. from the date of injury) or three years from the date of knowledge (i.e. three years from the date you knew the injury was caused by the defective product). The latter being particularly important when bringing a claim for defective medical products.
Whilst the symptoms may be present, you may not know that they have been caused by the defective medical device or medication until some weeks or years later. The clock starts when you become aware of the link between the symptoms and the cause.
However, as mentioned above, even with personal injury claims, the claim must still be brought within 10 years of the product being brought to market. So if a product was brought to market nine years ago and you are now aware that the product or medical device is defective you only have one year to issue your claim with the Courts. We can help you if you are unsure of the limitation of a claim.
Further reading
Accidents caused by faulty products – Oakwood Solicitors
Return faulty goods – Citizens Advice (CAB)
WHAT TO DO NEXT
If you have suffered an electric shock using this mobile phone charger and have been injured please contact a member of our product liability team on 0113 200 9720.
