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The Consumer Protection Act 1987 creates strict liability for damage or injury caused by defective consumer goods throughout the United Kingdom. A defective product is one where the safety of it is not such as persons generally are entitled to expect. Under the current law it is not necessary for a defective product solicitor to prove negligence and the Consumer Protection Act 1987 is another remedy for justice in addition to actions for negligence. The legislation covers almost all goods and components or raw materials and legal action can be taken by defective product solicitors against:-

  • producer (manufacturer, abstracter or processor)
  • self branders
  • importers from countries outside the EC

Supply of Goods and Services Act 1982

Services that are supplied by a professional or tradesman are not covered by this law however they are covered by the Supply of Goods and Services Act 1982. Service providers have a 'duty of care' to those they work for and work carried out must be 'to a reasonable standard at a reasonable cost.' If you believe that you have been overcharged you should take legal advice from a defective product solicitor because you have a legal right to withhold part of the payment however this may result in the tradesman or professional taking legal action for the matter to be resolved before a Judge in a Court of Law.

General Product Safety Regulations 1994

The General Product Safety Regulations 1994 (GPSR) effectively amends the Consumer Protection Act 1987 and is a 'safety net' that addresses the safety of all consumer goods (unless covered by other specific regulations) including new and second hand goods. Products covered include primary agricultural and horticultural products, clothing, medicines, DIY tools and equipment, household goods, food and drink, nursery goods, motor vehicles and chemicals and pesticides. This list is not exhaustive and almost all consumer goods are included. The Regulations place a general duty on all suppliers of consumer goods to supply products that are safe in normal or reasonably foreseeable use, failing which defective product solicitors can tyake legal action for compensation in the event of personal injury cauysed by the item in question.

Fit for Purpose

There is other, older law that also affords consumers protection and legal action can be taken if goods purchased are not of 'satisfactory quality' which means that products must last a reasonable time and be free of defects. Also goods must in fact be 'as described' by the seller in any advertisement which must honestly describe the product and goods must be fit for the purpose for which they were sold meaning that products must do what the supplier says they do and must have the requisite degree of safety.

Defective Product Solicitors

Defective product solicitors require specialist legal knowledge and experience. If you are the innocent victim of a dangerous or substandard product or as a result of a drugs recall or a medical device failing to meet a reasonable standard of safety you may be able to recover compensation for any personal injury sustained during normal usage. Our defective product solicitors operate the no win no fee* scheme otherwise known as a conditional fee agreement. No legal charge is payable unless the legal case is won and the client obtains an award of compensation. In the event that the legal claim is lost there is no charge made to the client. If you would like advice on product liability compensation claims using the no win no fee* scheme just use the helpline or complete the contact form and a member of the Solicitors Regulation Authority panel of personal injury experts will speak to you on the telephone without further obligation.



*Legal Information

The author of the substantive medical writing on this website is Dr. Christine Traxler MD whose biography can be read here