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Product Liability Multi-Party Claims

 

If you or someone close to you has been injured by a defective product, you may be entitled to claim compensation. In some cases where a faulty product has been in circulation, it may be that it has caused a number of people to suffer injuries. In these instances, a multi-party claim may be possible.

Our specialist personal injury solicitors have a wealth of experience in dealing with product liability claims, including multi-party actions, so can provide you with expert accident claim advice.

Injuries Caused by Faulty Products
Defective Medical Products
Multi Party Injury Claims
Right to Compensation
Making a Claim
Faulty Product Compensation
Our Specialist Lawyers

Injuries Caused by Faulty Products

There are many different circumstances under which a person may suffer an injury due to a defective product. Faulty consumer products can cause accidents in the home, in the workplace, in the street, on roads or elsewhere.

For example, a toy that is badly finished with sharp protrusions, an appliance that malfunctions, or a poorly constructed item of furniture could all cause personal injury.

Other types of product that may cause harm if defective include food products (which can lead to food poisoning), cosmetics such as hair dyes, make-up and face creams, or medical products (for example implants or medicines).

If an injury is caused by a sub-standard product, the seller or manufacturer could be held responsible under the law of negligence and statute law such as consumer protection and workplace legislation.

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Defective Medical Products

In modern medicine, there are various types of product used to treat and assist patients. These include medicines, blood products, equipment used on wards and during operations (such as scanners and monitors), or aids provided to help patients in their day to day lives (for example hearing aids, walking frames or orthopaedic aids).

If a medical product fails because it is defective or dangerous in some way, it can cause the user to suffer harm. If a person is injured or endures undue suffering due to the negligence of someone else, they should be entitled to make a compensation claim. A specialist personal injury lawyer, such as those employed by The Legal Line, will be able to assist you with this.

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Multi Party Injury Claims

As most consumer products and medical products are mass produced and sold over large areas, if there is a fault with one type or batch of product, as opposed to a single item, there is potential for many people to be injured by the same problem.

If there are numerous claimants involved, the courts will co-ordinate the matter so that lead solicitors are appointed and a date is specified by which all claims should be entered. It is not impossible however, to take action after this date has passed.

This can be a complex matter so, as with any claim, it is important to seek specialist legal advice without delay. Your lawyer will assist you in obtaining and compiling all the necessary evidence and documentation.

Often the product liability group claim will be put forward and the lawyers will negotiate a reasonable settlement of damages with the insurers. If an agreement can not be reached however, the case will usually proceed to court.

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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.

For medical products, the MHRA (Medicines and Healthcare Products Regulatory Agency) operate to ensure that medicines and medical products are acceptably safe and the health of the public is safeguarded.

In the workplace, some protection is afforded by the Provision and Use of Work Equipment Regulations 1998 in respect of faulty work equipment for which the employers will remain liable.

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Making a 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.
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.

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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 that you used to be able to do before (e.g. wash your car, play sports, D.I.Y. etc). The award for loss of amenity can be for a short period after you suffer an injury 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 your injury, so that these can be reclaimed. The aim is to put you back in a position financially as if it had never occurred.

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Our Specialist Lawyers

At The Legal Line, our expert lawyers have experience in all areas of personal injury, including claims for injuries caused by defective products and group claims.

They can therefore provide sympathetic, specialist advice and assistance on a cost free basis.

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