In this guide on product liability claims, we are going to look at legal obligations placed on producers of consumer products and when you could be eligible to claim compensation should you suffer an injury due to faulty goods. All consumer products available on the market in the UK must meet certain standards. However, if you would like to make a claim, you must satisfy the eligibility requirements. This means that you will need to prove that you suffered an injury due to a defect with the product.
This guide provides a few examples of when you might be able to claim for harm caused by a defective product. Additionally, we explain how injury compensation could be awarded in a successful product liability claim.
If you are eligible for compensation due to defective consumer goods and you wish to make a defective product claim, you may like to have support from a solicitor during the process. This guide concludes with a look at how a No Win No Fee solicitor could help you claim.
If you have any questions about claiming for an injury caused by a defective product, please speak with us. We can help assess your claim’s potential and discuss your available options to help you make an informed decision about your next steps.
To get in touch with us:
- Connect using our live chat.
- Fill in our ‘claim online’ form to request a callback.
- Call 020 8050 2736
Choose A Section
- When Can You Make Product Liability Claims?
- Common Types Of Defective Products
- Compensation Payouts For Injuries Caused By Defective Products
- Is There A Time Limit For Product Liability Claims?
- Could I Make A No Win No Fee Product Liability Claim
- Read More About How To Make A Product Liability Claim
There are different ways that you could make a product liability claim, and it will be determined on your individual circumstances. You can bring a claim for a faulty product that has caused damage to your home alone, or you could make a claim for an injury caused by the defective product. In this guide, we are looking at how you bring an injury claim under the Consumer Protection Act 1987, and tort law for negligence.
Under the Consumer Protection Act 1987, if a product is defective, the producer of that product can be liable for any harm that has arisen due to the defect. If you suffer an injury due to defective consumer goods, you could be eligible to make a product liability claim.
When you purchase an item, it is expected that the producer has taken all reasonable care to ensure that it is fit for its intended purpose, supplied as described and of satisfactory quality. This is set under the Consumer Rights Act 2015.
In tort law, to prove negligence, you must meet the following criteria:
- You were owed a duty of care.
- There was a breach of this duty.
- You suffered an injury because of this breach.
If you would like more information about product liability claims and eligibility, contact us today.
Any type of product that is not produced accordingly and to a satisfactory standard could become defective. Below we have provided a few potential examples of how you could be injured by a faulty item:
- Defective white goods. For example, a short in a tumble dryer may result in a fire. If the manufacturer of the tumble dryer was aware of this defect and did not warn consumers and you suffer a burn injury along with a permanent scar as a result, you could be eligible for injury compensation.
- Faulty appliances. For example, your blender may explode, causing a finger injury. If the item was defective and not produced with reasonable skill and care, you could be eligible to claim for a defective product.
- Defective vehicles. A number of vehicles recently have been recalled due to defects. If a defect in a vehicle meant you had an accident which caused an injury such as a head injury, you might be eligible for compensation.
If you would like to discuss product liability claims and claiming for a faulty item that caused your injuries, please get in touch using the details above.
If you pursue your product liability claim on the grounds of negligence, then if it is successful, as with all personal injury claims, you could be awarded compensation which will consist of general and potentially special damages.
General damages compensate for the mental suffering and physical damage that was caused by the faulty product. Those responsible for evaluating claims may refer to the guidelines from the Judicial College (JCG) for guidance when valuing general damages. These guidelines are a list of compensation brackets that help place a value on different types of injuries in varying severities in injury claims.
Our table below looks at a few figures for injuries that could be caused by defective products from the 16th edition of the JCG. An example of an award that could be given for multiple injuries plus financial hardships is also included but not taken from the JCG. As settlements are decided on a case-by-case basis, this table is only provided as guidance.
|Multiple severe injuries and financial losses
|Settlements may consist of awards for multiple injuries of a serious nature, plus financial losses, such as payments for nursing care and lost wages.
|Up to £1,000,000+
|In this bracket, severe brain damage results in the party having no or very little meaningful responses to their surroundings and they require full-time nursing care.
|£282,010 to £403,990
|Amputation of One Foot
|The amputation of one foot is treated similarly to a below-knee amputation due to the loss of the ankle joint.
|£83,960 to £109,650
|Over 40% of the claimant's body is covered by burns with the award considering the percentage that is affected, thickness, cosmetic impact, disability, psychological impact and medical needs.
|Likely to exceed £104,830
|Very Severe Scarring
|Claimants in this bracket are typically relatively young and suffer a severe psychological reaction to very disfiguring facial scars.
|£29,780 to £97,330
|Less Severe Scarring
|The claimant has suffered a significant psychological reaction to substantial facial disfigurement.
|£17,960 to £48,420
|Amputation of Index, Middle and/or Ring Fingers
|The amputation of these fingers renders the hand of little use.
|£61,910 to £90,750
|Serious Damage to Both Hands
|In this bracket, the injuries result in a significant loss of function along with a permanent cosmetic disability.
|£55,820 to £84,570
|This bracket includes unusual injuries, such as a transmalleolar fracture.
|£50,060 to £69,700
|Scarring to Other Parts of the Body
|A number of noticeable laceration scars, or a single disfiguring scar, of leg(s) or arm(s) or hand(s) or back or chest.
|£7,830 to £22,730
Financial Losses In Injury Claims
As part of your settlement, you may also be awarded special damages to reimburse you for the financial losses you experienced because of your injuries. Settlements may include compensation for:
- Lost wages. This can also consider lost contributions to your pension.
- Medical expenses. This may cover the costs of medications and any mobility aids as well as therapy and physiotherapy costs.
- Home modifications. If you require any adjustments made to your home to help cope with your injuries, such as a ramp installation.
- Nursing care. If you need a nurse to help you manage your injuries.
You may be asked to supply evidence of these costs, including invoices and bank statements.
If you would like a free valuation of your potential settlement, as well as advice on what costs you can recover, we can help. Get in touch today.
If you are claiming compensation for the personal injury you suffered due to a defective product, you must instigate proceedings within the time limit. Generally, this is 3 years from the date of the incident. Alternatively, this could expire 3 years from the date that you became aware or would have been expected to be aware that a faulty product caused you harm.
Additionally, in product liability claims, there is a long-stop date to bring proceedings against the producer. This is generally 10 years from the date that the product was introduced to the market.
If you would like to find out if you are within the limitation period to launch a defective product claim or discuss whether exceptions apply, please get in contact.
If you are eligible to claim compensation for injuries suffered due to a faulty product, you may like to have legal representation to help you with the process. If so, one of the injury solicitors from our panel could support your claim. Our panel generally offer their services under the terms of a Conditional Fee Agreement (CFA), which is a type of No Win No Fee arrangement.
When your solicitor works with you under the terms of a CFA, they won’t take any upfront payments or ask for you to pay for their services as the claim is ongoing. They also won’t request that you pay for their work on your case following an unsuccessful faulty product claim.
However, if your claim is successful, your solicitor will take a small success fee from your compensation. This amount is a percentage that is limited by the law.
If you need any further information about product liability claims, please speak to us. We can help answer your questions. Additionally, if you meet the eligibility criteria, you could be connected to one of the solicitors from our panel.
To speak with us:
- Connect via our live chat.
- Fill in our ‘claim online’ form to request a callback.
- Call 020 8050 2736
- Learn how to claim compensation under the Fatal Accidents Act.
- This guide covers which claims fall under personal injury. Learn about personal injury claims.
- Find out who is eligible to make PTSD claims with this guide.
External websites that may help you:
- Information about burns and scalds from the National Health Service.
- Guidance on product safety for businesses from the government.
- Information about reporting defective products from the Health and Safety Executive.
If you need any help regarding product liability claims, please connect with us.