Defective Product Compensation Claims
We rely heavily on lots of products every day, from our trusty phones and laptops to the fridge keeping our groceries fresh. But what if a product turns out to be faulty and doesn't work as expected? And what if it goes a step further and causes you harm?
You have specific rights when it comes to dealing with faulty products. And, if you are injured by a defective product, you have the right to seek compensation.
At Lawhive, our personal injury solicitors are on hand to help you make a claim quickly on a no-win, no-fee basis.
To start or discuss your claim, get a free case assessment from our legal assessment team today.
What is a defective product claim?
We all want the products we use daily to be safe. But under consumer law, that's not just wishful thinking - it's a requirement. By law, all manufacturers have to make sure their products are safe for the customer.
The main piece of legislation that covers product safety law is the Consumer Protection Act 1987. This law means you may be entitled to compensation if you’re injured by everyday items like your washing machine, TV, or laptop.
A product is considered faulty when its safety falls short of what you'd generally expect.
Product safety can be determined by:
The purpose the product was sold for;
The safety warnings and guidance that come with the product;
The reasonable uses of the product.
So, if you find yourself dealing with a faulty product that caused you harm or damaged your property, the law is likely on your side and you may be able to make a personal injury claim.
Why do defective product claims arise?
There are three main reasons why people file claims for faulty products:
If a product is poorly designed;
If it is not thoroughly tested to avoid harm;
If the messaging about the product, like the warnings, is unclear.
What is product liability?
Liability means being responsible for actions or, in some cases, failure to act. When it comes to product liability, this area of law holds manufacturers, distributors, suppliers, and retailers accountable when their products cause injury to customers.
At Lawhive, our expert defective product injury compensation solicitors have many years of combined experience bringing businesses that make faulty products to justice. With the help of our legal experts, you can get the compensation you deserve and need to get on with your life.
What types of defective products could cause injury?
Defective products can come in all shapes and sizes, and almost any product can pose a risk if it's designed with a fault or lacks proper safety warnings.
Some of the most common defective products that can cause injury include:
Electrical equipment
Faulty design or manufacturing can lead to electric shocks or, in severe cases, electrocution. Devices like mobile phones, e-scooters, e-cigarettes, and other electronics might also cause burns even house fires.
Vehicles
Whether it's a car or any road vehicle, if it doesn't meet safety standards, drivers and passengers could be at risk. Faulty brakes or seatbelts that fail during a crash are examples of this.
Gardening and DIY tools
From drills to lawnmowers, tools need to meet safety standards. If a tool, like a faulty drill, causes vibration issues, you could be eligible for compensation.
Children's toys
The Toys (Safety) Regulations 2011 hold manufacturers accountable for unsafe toys. If a toy doesn't meet safety standards and injures a child, it could lead to a compensation claim.
White goods
Appliances like washing machines, dryers, toasters, kettles, and hobs can pose risks when they develop safety faults, leading to burns, scalds, or finger injuries.
Food
Most people don't know that you can claim defective injury compensation for contaminated food purchased from supermarkets, shops or restaurants.
Cosmetics
Skin creams, tooth whitening kits, makeup, and hair dyes can cause serious burns or skin conditions. Unclear instructions or product defects may warrant a compensation claim.
Furniture
Sofas, chairs, beds, mattresses, and other furniture items could lead to injuries if they collapse or include sharp edges.
If you've been injured by any of these products due to defects, inadequate warnings, or lack of instructions, our network of personal injury solicitors is here to help you seek the compensation you deserve.
What types of injuries can defective products cause?
There are a lot of ways you might get injured by a product, too many for us to list them all.
However, below we’ve compiled a list of some of the more common injuries we see in defective product compensation claims:
Injuries sustained falling from a faulty ladder;
Burns from a defective electronic device;
A child injured by a toy that doesn’t work properly;
Food poisoning from contaminated products;
Getting hurt when a chair collapses;
Scarring or rashes from a substandard beauty product;
Pain and suffering from defective medical implants;
Getting whiplash from vehicle breaks that don’t function properly.
Defective products and the law
In the UK, the Consumer Protection Act 1987 is the go-to for consumers who've faced injuries due to faulty products. This act allows consumers to sue manufacturers in such cases. Many companies have public liability insurance to cover the cost of these claims.
Other legislation relating to directive products include:
The Product Liability Directive says that products should be of normal quality and performance. If not, they should be repaired or replaced;
The Consumer Rights Act 2015, says that products must be as described, fit for purpose, and of satisfactory quality.
On top of this, specific products have regulatory bodies, and companies often have to follow standards for compliance.
What should I do if I’ve been injured by a defective product?
If you've been injured by a defective product, it's important to gather proof to support your case.
You'll need to show that:
You followed the safety guidelines and warnings outlined by the manufacturer;
The product was defective;
You suffered injuries as a result of using the product;
There is a clear link between the use of the defective product and the injuries you sustained.
Evidence of the above is essential for building a compelling case. Working with a defective product injury solicitor can help you with this process and make sure you have all the necessary elements to get the compensation you deserve.
Supporting evidence for your claim can include:
Medical reports;
Photographs and videos;
Independent reports;
Product packaging.
How to report a defective product.
If you discover a product is faulty you should start by telling the manufacturer. They usually have a process for complaints.
If that doesn't solve the problem, your local trading standards office may be able to help.
If the faulty product is in your workplace, report it to your employer in the first instance.
When making a report, you should note what's wrong with the product, take pictures, and document any injuries. It will also help to make a note of things like CE markings, and the manufacturer's details.