Personal injury advice from
Thompsons Solicitors
Faulty Product Compensation Claim
If you or a member of your family is suffering from a personal injury caused by a faulty or dangerous product, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.
Defective Products
Faulty Product Personal Injuries
Right to Compensation
Making a Product Liability Claim
Faulty Product Compensation
Our Personal Injury Lawyers
Successful Faulty Product Compensation Claims
Defective Products
Products that we purchase and use can be unsafe or unsuitable for various reasons:
Poor Design - There could be a design flaw, whereby the product itself is intrinsically defective.
Manufacturing Fault - A manufacturing error may result in a certain number of products being faulty if they are varied in some way from their intended design.
Hazardous Materials - If manufacturers do not ensure that their products are made from safe materials and contain no hazardous substances, this can also cause personal injury to customers.
Packaging / Instructions - It may also be that there is insufficient information on the packaging or instructions of a product to ensure that it is used safely and for its intended purpose.
Recalls - If a manufacturer, distributor or retailer is aware of a fault but fails to recall the affected product or stop selling it, this may also constitute negligence.
If you have been injured or harmed by a defective product, it is important to seek legal advice at the earliest opportunity, as you may be entitled to compensation.
Faulty Product Personal Injuries
Faulty products can cause injury to people in a wide range of circumstances. Whether an accident occurs in the home or elsewhere, if an injury is caused by a sub standard product, the manufacturer or seller could be held responsible under the law of negligence.
For example if you purchased a toy that had excessively sharp, unfinished edges and this caused an injury, if a poorly made piece of furniture collapsed or a machine or tool malfunctioned, you may be entitled to claim compensation. All artificially manufactured products may be coated or may possibly contain agents or chemicals that may cause some people to develop skin and respiratory symptoms. Some other types of product that can cause personal injury if they are defective, or contain harmful agents, include:
- Medical products, such as medicines and medical devices
- Implants
- Orthopaedic aids
- Food products
- Cosmetics, skin care products and toiletries
- Hair removal treatments
- Cars, motorcycles, tricycles and bicycles, scooters
- DIY tools
- Household products (including aerosol sprays, fly and ant killer, room deodorants, carpet and curtain shampoos, cleaners, clothing dyes and detergents, conditioners and rinses, paints, thinners and removers, garden materials such as weedkiller, soil additives and anti pesticides)
Right to Compensation
Various laws govern companies that manufacture or sell goods to consumers. These are in place to protect consumers.
The Sale of Goods Act states that all goods should be suitable for their purpose, as described and of satisfactory quality. The Consumer Protection Act 1987 provides liability where a defective product wholly or partly causes harm.
It is important that you report an item that you feel may be dangerous, as a product recall may need to be instigated if this turns out to be the case.
Making a Product Liability Claim
In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence. In every case, medical evidence will also be required.
It is therefore important to seek the prompt advice of an expert personal injury solicitor if you believe that you may be entitled to make a compensation claim. Our lawyers can provide specialist guidance on the personal injury claims process.
If you have been injured in an accident, try to record as much information as possible and keep details of any medical treatment. It is also useful to retain receipts for any injury related expenses.
Specifically in cases involving a faulty product, you should try to retain the product and proof of purchase as evidence where possible. Photographs of the defective item can also be useful.
Faulty Product Compensation
There are two elements to a compensation award. The first is for the pain and suffering you may have gone through and what is known as loss of amenity. This is called general damages and can include an award for your inability to do things after the accident that you used to be able to do before (eg wash your car, look after your garden, walk the dog etc). The award for loss of amenity can be for a short period after an accident or for ever if that is what the medical evidence supports.
The second element of a compensation award is for your losses and expenses and is known as special damages. It is important to keep receipts for any expenditure you have related to the accident, so that these can be reclaimed. The aim is to put you back in a position financially as if the accident had never occurred.
Our Personal Injury Lawyers
The Legal Line lawyers are experts in all areas of personal injury, with extensive experience in product liability and recovering compensation for the victims of accidents.
They can provide specialist accident claim advice, assistance and guidance in helping you to pursue your claim to the best possible outcome.
Successful Faulty Product Compensation Claims
Our specialist solicitors have assisted many injured victims of accidents caused by defective products. Examples of some of these cases can be found below, with further articles in our news and success stories sections:
Judith Wright recovered £2,250 with the help of The Legal Line
- Our lawyers acted on behalf of a couple who contracted serious food poisoning whilst on holiday in the Dominican Republic. Our clients, along with numerous other holidaymakers at the resort, contracted e-coli during their all-inclusive package tour.
They both suffered symptoms of the gastro-intestinal illness throughout the remainder of their holiday and for some time after they returned home.
A claim for damages was made against the tour operator, who paid £7,000 compensation to the couple.
- After purchasing a bottle of German Hock wine from her local supermarket, our client was left with a serious laceration when the neck shattered in her hand as she tried to remove the cork.
The bottle did not meet reasonable safety standards and our client required hospital treatment following her accident, including 10 stitches. She was left with permanent scarring to her thumb and some loss of dexterity and sensation.
Our lawyers assisted her in making a product liability claim in respect of the injuries caused by this faulty product. They recovered £6,000 compensation on her behalf.
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