Accidents
Defective Product Claim
Manufacturers and retailers can be liable in damages when a consumer suffers injury as a result of using a defective product.
These include:
- injuries caused to hair/scalp.
- injuries caused by using unsafe medical products.
- injuries caused to children by using defective toys.
- injuries caused by using defective appliances or equipment.
The UK has strict laws regarding the manufacture and sale of products. If a manufacturer sells a product that is defective and that defect causes injury, loss or damage then that manufacturer is liable to pay compensation.
Product Liability is generally considered a strict liability offence. This means that following a defective product claim and it is established that the produce is defective, the Defendant is liable, whether the manufacturer or supplier exercised great care or not; if there is a defect in the product that causes harm, he or she will be liable for it.
Product Liability & Faulty Goods
These are cases where products are defective and cause injury as a result of the defect. If you have been injured as a result of purchasing an ordinary consumer product which is defective, then you may be able to claim defective product compensation from the manufacturer / supplier as well as individuals / companies through whom the goods may have passed.
Defective household products can result in serious injuries, or even death.
Manufacturers are almost always covered by insurance and claims for damages usually fall into four categories:
Defective Design
Means that inadequate or poor design. makes an item inherently dangerous.
Defective Manufacture
Often due to failure or lack of quality control.
Defective Warnings
Which do not accurately reflect the dangers associated with the item or inadequate warning.
Negligent Surveillance
Occurs when a manufacturer does not properly warn consumers about an item's subsequently discovered lack of safety.
Relevant or Related Legislation:
Consumer Protection Act 1987 (Part 1), Consumer Protection Act 1987 (Part 2): Safety Provisions.
Consumer Protection Act 1987 (Part 1):
This imposes strict liability on producers for harm caused by defective products.
This means that people who are injured by defective products can sue for compensation without having to prove the producer negligent, provided that they can prove that the product was defective and the defect in the product caused the injury.
This applies to all consumer products and products used at a place of work.
Consumer Protection Act 1987 (Part 2):
The general safety requirement under section 10 of the Act has largely been replaced by the General Product Safety Regulations 1994.
- section 11 allows the Secretary of State to make emergency regulations without consultation to secure the safety of products when public protection is deemed necessary. Regulations made under this procedure lapse after 12 months.
- however, ordinarily, the Act requires prior consultation with interested parties. Safety regulations made under the procedure remain in force indefinitely, unless specifically revoked.
- section 12 makes it an offence to supply goods that do not meet safety regulations made under the Act.
