Faulty products can be quite inconvenient. A broken hairdryer could cause you to be late for work whereas a car that won’t start could mean you take the kids to school on the bus. While these problems are annoying, they’re not as bad as when a faulty product injures you. If you are injured by a defective product, you could sue the manufacturer or retailer for your suffering.
In this guide to faulty product claims for personal injury, we’ll show you when a compensation claim might be possible, what types of faults and product defects might lead to a claim, and what compensation for your injuries might be payable.
Don’t worry if the claims process seems tricky as we can help. Initially, an advisor from our team will review your case with you. During a no-obligation call, you’ll get free legal advice on what steps you could take. If we believe your claim has merit, we could ask a personal injury solicitor from our team to work with you. Importantly, you’ll get professional legal representation on a No Win No Fee basis if your case is accepted. That means you don’t need to pay your solicitor in advance and you’ll only pay an agreed fee if you receive a compensation settlement.
During the rest of this guide to faulty product claims, we’ll show you how to claim if you’ve been injured so please read on. Alternatively, call 0800 6524 881 to get in touch with us about making a claim today.
Table of contents
- The Law On Defective/Faulty Products
- Who Should Faulty Product Personal Injury Claims Be Made Against?
- Examples Of Faulty Product Claims
- How To Prove Your Claim Of Being Injured By A Defective Product
- Time Limits For A Personal Injury Claim
- How Much Compensation Could I Claim For Faulty Product Injuries?
- How A Personal Injury Solicitor Can Help Make A Faulty Product Compensation Claim
Consumers should expect products they use to be safe. If you are injured because of a defective/faulty product, you could seek compensation for any injuries. The main piece of legislation that’s relevant here is the Consumer Protection Act 1987. Because of this law, you could claim compensation if you’ve been injured by any type of defective product ranging from faulty toasters to defective vehicles.
Section 3 of the Consumer Protection Act explains that a faulty product is where the safety of the product is not what you might generally expect. Some considerations used to determine product safety include:
- The purpose the product was marketed for.
- What warnings or guidance came with the product.
- What is reasonable to expect that the product would be used for.
Some important points about the Consumer Protection Act include:
- Anybody who is injured by a faulty product could make a personal injury claim, not just the purchaser.
- If any property is damaged by a faulty product, you can claim if the value of the damage is more than £275.
Manufacturers also have a duty to monitor product safety and recall products with known safety issues. Failure to do so could give grounds for you to claim compensation if injured by a faulty product.
Generally, your personal injury claim will be made against the producer of the faulty product. This is the firm that manufactured the product. However, in some cases, the retailer could also be held liable. For example, your claim could be:
- Made against the retailer if the product was damaged during transit or storage.
- Made against the retailer and producer where the product is an own-brand product. This means where the product contains the retailers brand and was made exclusively for them.
Claims might also be made against the producer of a component, or the company that first imported the product into the country.
You shouldn’t worry about who your faulty product claim needs to be made against. If you call our team, and your case is accepted, your solicitor will ensure your claim is directed at the right company once they’ve assessed it in full.
To help clarify when you could claim for injuries caused by a faulty product, we’ve added some examples below. You could claim for:
- Injuries caused by falling from a defective ladder.
- Scarring or rashes resulting from contaminated beauty products.
- Being burned by a faulty electrical device.
- Suffering because of defective medical implants.
- Hurting your back if a faulty chair broke and collapsed when you sat on it.
- Suffering whiplash in a road traffic accident caused by faulty brakes.
- Where a child is injured because of a defective toy.
- If you suffered food poisoning because of contaminated products from a shop.
As you can see, there are lots of scenarios that could lead to faulty product claims. We’ve not listed every possibility here of course so please do let us know about your injury from a defective product and we’ll explain your options for free.
Before a personal injury solicitor will take on your claim, they’ll need to check that:
- You were using the product correctly (as it was intended to be used);
- That there was a defect with the product;
- You suffered injuries or damage was caused to your property;
- The faulty product caused your injuries or the damage.
To help with all of the above, evidence will be needed to support your claim. This can include:
- Medical reports. If you were treated by a doctor following the incident, your medical notes could be requested. These would be used to help prove the extent of your injuries.
- Witness details. To help prove what happened, your solicitor might ask witnesses for a statement. Therefore, you should provide their contact details where possible when claiming.
- Photographs or videos. These can help to show what happened and what damage was caused. It’s a good idea, where possible, to capture the defect or fault that caused your injuries.
- Independent reports. Your solicitor may ask a specialist to assess the product. Their report could be used to prove what defect caused the product to go wrong and injure you.
- Product documentation and packaging. This could help to establish whether any inaccurate advice was provided or whether the manufacturer failed to comply with safety legislation.
If you’d like us to look at your chances of being compensated for your injuries from the faulty product, please call today for a free case review.
If you have been injured by a faulty product and decide to claim compensation, you’ll need to begin within the personal injury claims time limit. Usually, this is a 3-year period starting from the date you suffered your injuries.
If your child has been injured by a faulty product, you won’t need to worry about the 3-year time limit too much. You can take action on their behalf at any time (as their litigation friend) before your child turns 18-years old.
To give your solicitor plenty of time to gather medical evidence and reports, we’d advise it’s best to begin your claim sooner rather than later. In some cases, this may allow your personal injury solicitor to ask for you to receive private medical treatment via an interim payment before your claim is finalised.
Please get in touch to check how long you’ve got left to start your claim.
When calculating compensation in a personal injury claim the first part of your claim is called general damages. This is where you claim for the pain and suffering you’ve endured from the faulty product, and is the main factor when determining how much compensation a claimant should get.
To ascertain how serious your injuries are/were, you’ll be asked to attend a medical assessment during your claim, usually arranged locally by your solicitor for you. An independent expert will examine your injuries and discuss them with you. Then they’ll report back to your solicitor to explain your prognosis.
Following on from this, you could also claim special damages if you’ve incurred any costs because of your injuries. For example, you may wish to claim for property damage, travel expenses or lost income.
Please visit this page if you want to know more about these two types of damages.
Proving that a product was faulty or defective and that it caused you to suffer can be tricky. In many cases, technical and medical evidence will be needed to prove what went wrong. If your claim isn’t filed properly, you could miss out on a fair level of compensation, if any at all.
We suggest that your chances could be improved if you have one of our personal injury solicitors represent you. If your claim is taken on, your solicitor will fight your corner to try and secure the maximum amount of compensation possible.
To do this, they’ll collect evidence and reports on your behalf. They’ll also deal with the defendant’s legal representatives on your behalf so you’re not faced with any difficult questions. If you have any questions during the claims process, your solicitor will be on hand to answer them. They’ll also ensure you know what’s happening by providing regular case updates.
If you are ready to begin a claim for injuries caused by a faulty product, do get in touch with our claims advisors today on 0800 6524 881. There’s nothing to lose by calling as you’ll benefit from free legal advice whatever you choose to do. Also, if your faulty product claim is taken on, your solicitor will work for you on a No Win No Fee basis.
Last updated 14th January 2022.