Faulty products can be hugely inconvenient. A heater that doesn’t heat, a flat iron that doesn’t smoothen your hair as advertised, or a car that splutters and stops when you’re already running late to a board meeting. Sometimes however, faulty products can cause more than just a temporary inconvenience. They can cause all sorts of injuries, some of which can be life changing. A defective heater could burst starting an electrical fire in your home. A malfunctioning flat iron could result in severe burn injuries. Faulty brakes could result in a fatal accident. All of these accidents are unforeseen but they can and do happen.
Manufacturers have a duty of care to ensure that every product that leaves their factory not only works as it should but is also safe for the user. When a product malfunctions, it points to negligence on the part of the manufacturer. If you unknowingly use a defective/faulty product and are injured as a result then you may be able to make a faulty product claim for compensation.
Examples Of Faulty Product Claims
Listed below are various examples of faulty product claims that can arise from a personal injury. You should know though, that this list is by no means exhaustive. By definition, a faulty product is any product that does not work the way it is supposed to. This applies to all types of products, from household and industrial equipment, to hobby tools and even cosmetic products.
Faulty product examples from which compensation claims may arise include but are not limited to:
- Vehicle defects;
- Incorrectly labelled items;
- Inadequate safety guidelines;
- Malfunctioning equipment;
- Electrical appliances that cause electrical shocks or buns;
- Adulterated or incorrectly stored food or drinks that lead to food poisoning;
- Contaminated skin or hair care products;
- Faulty medical equipment.
The Law Regarding Faulty Products
By law, any product you purchase, whether it is an electronic device, an appliance, a household item, or a health or beauty product, should be safe to use if you are using it correctly. Using the product should not injure you or anybody around you. The responsibility for designing and manufacturing a product lies with the manufacturer. The law requires all manufacturers to ensure that all products that are put out in the market for consumers to buy are safe to use.
According to the Consumer Protection Act 1987, anybody who sustains a personal injury due to a faulty product may be entitled to recover losses for their personal injuries as well as damage to their property and possessions. The same Act requires manufactures to warn customers about all potential risks of using that particular product. Failure to provide a warning notification can also be construed as negligence.
Manufacturers are also required to notify buyers and recall items immediately after they become aware of an existing defect in a product that is already out in the market.
Can You Make A Faulty Product Claim?
With some types of accidents, you will know instantly that it was no fault of yours. If the brakes of your brand new car fail, you know for sure that it is not your fault. However, in some cases, there may be some element of doubt – did the accident happen because you may have used the product incorrectly or because the product was tampered with? This element of doubt is what often prevents many people from seeking justice for their injuries caused due to a faulty product. Don’t make this mistake. Not looking into this further could cost you the compensation you may be entitled to.
If you’ve been injured due to a faulty product, first get your injuries medically attended to. do not overlook the importance of getting medical attention. Your injuries could be more serious than you think and could have long term consequences. Another compelling reason for getting immediate medical attention is that it generates a medical report with details about your injuries, the reason for your injuries and the treatment involved. This serves as strong proof that will lend weight to your defective product claim.
Getting Legal Advice On A Defective/Faulty Product
The next person you should consult with after a doctor is a personal injury solicitor. Personal injury solicitors handle all types of personal injury claims, including faulty product claims. What’s more, in most cases they will help you fight for compensation without charging you any fees upfront.
Most personal injury solicitors work on a No Win No Fee basis, which allows you to get free legal advice and expert representation. You only pay the solicitor if your faulty product claim is successful. The exact amount you have to pay, the mode of payment and how the payment is taken will be written in detail in the No Win No Fee contract.
With our No Win No Fee agreement, you are never out of pocket at any time as you only pay once the compensation has been received. The amount you have to pay as explained in the No Win No Fee agreement will be a percentage of the compensation awarded to you and if the claim is lost you would pay nothing at all.
If you would like to speak with a personal injury solicitor for free legal advice about a faulty product claim then please contact us today.