PRODUCT LIABILITY SOLICITORS - INJURY COMPENSATION CLAIMSSOLICITORS HELPLINE: ☎ 0330 660 7119
Our specialist personal injury solicitors deal with defective product liability compensation claims using the risk free no win no fee scheme. For qualified no nonsense advice from a product liability solicitor with no charge and without further obligation just call the helpline.
Manufacturers have a legal responsibility for the safety to their consumers. When consumers are injured or harmed by a defective product while using it in its intended manner, the manufacturers, wholesalers, designers, retailers and anyone involved with the product being sold to the consumer may be liable to pay damages. These cases, brought by product liability solicitors, may involve strict liability, negligence, breach of warranty, or misrepresentation and can arise as a result of a dangerous product, a drug recall or a defectively installed medical device. Legal action for defective products can be taken as a result of failure to provide warnings when knowledge of hazardous products exists, failing to ensure that a defective or malfunctioning part is not used in products or failing to warn when a fault exists that makes the product unsuitable for the purposes for which it was sold.
Product liability solicitors pursue compensation claims in four main categories which are :-
- Defective Design :-
- The product is inherently dangerous as a result of poor or inadequate design. Whilst some designs are clearly inadequate others can produce complex and difficult legal argument particularly in high value in product liability compensation claims.
- Defective Manufacture :-
- This is usually as a result of a quality control failure when a product or batch does not conform to the usual specification. Manufacturers are "strictly liable" in some product liability compensation claims as a result of defective manufacture and an injured consumer may, in certain circumstances, find it unnecessary to prove that they were negligent.
- Defective Warnings :-
- Are the warnings accurate and up to date and does the product information accurately reflect any dangers or risks associated with the product, or have they been contradicted by statements in advertising or made by sales representatives?
- Negligent Surveillance :-
- Companies must respond adequately when inherent defects come to light, subsequent to sale of the product, to warn consumers about the product's lack of safety. This may involve personal contact by letter or phone, advertisements in the press and other media and bill boards or A boards outside the retailers shop or premises.
In the past, in order to claim compensation it was necessary for a product liability solicitor to prove that the manufacturers were at fault however the current legislation removes the need to prove negligence. In addition current law allows anyone who is injured by a defective product to make a claim whether or not the faulty goods (including food) were sold directly to them. The legislation covers almost all consumer goods and legal action can be taken against:-
- the "producer" which includes the manufacturer
- self branders
- importers from countries outside the EC
The major legislation covering this topic applies to the whole of the UK:-
- England and Wales - Consumer Protection Act 1987
- Scotland - Consumer Protection Act 1987
- Northern Ireland - Product Liability (Amendment) Act (Northern Ireland) 2001
Defective Product Definition
A defective product is one where the safety of the item is below that which consumers are entitled to expect, however this does not cover mere poor quality. Initially produced goods are not defective just because a safer version subsequently becomes available on the market. A court will, in deciding whether goods are defective in product liability claims consider all of the relevant circumstances including:-
- how the item was marketed
- the content of instructions or warnings that accompanied it
- the purpose for which it was supplied and may have been reasonably used
- when the item was supplied
There is other, older law that also affords consumers protection and legal action can be taken if goods purchased are not of ‘merchantable quality' or ‘satisfactory quality' or ‘reasonable quality' which means that products must be free of defects. Also goods must be fit for the purpose for which they were sold meaning that consumer products must have the requisite degree of safety.
Multi Party Action
Defective pharmaceutical drugs or bio-medical devices often give rise to thousands of potential product liability claims. It is not unusual for many victims to come together and take legal proceedings together in a 'multi-party action'. Individuals can pursue their own claim through the courts but a multi-party action is the most efficient and economic way of dealing with this type of claim as all of the common evidence goes before a single judge thereby ensuring that legal costs are diminished when compared with a large number of individual court actions.
UK Time Limits
The Limitation Act applies and the claim must either be settled or proceedings must have been issued in a Court of Law by a product liability solicitor, within three years of the incident. Anyone who has been injured by substandard consumer goods may be able to claim an insurance settlement. For free advice on no win no fee* claims just complete the contact form, or email our offices or use the helpline and a member of the Solicitors Regulation Authority panel of personal injury experts will telephone you with no obligation. If after speaking to us you decide to proceed no further then you are quite at liberty to do so and you will not be charged for our advice.
Product Liability Solicitors
Product liability 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 defective 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.SOLICITORS HELPLINE: ☎ 0330 660 7119