When you purchase a product from a company, you do not expect it to be a danger to your health. Therefore if a faulty product causes you an injury you have a right to enter into legal action against the firm. Stringent safety checks are carried out on products by businesses but sometimes these just are not enough and faulty designs slip through the net. Trading Standards recall products which have been found to be faulty or dangerous after they have been put on sale. A list of these product recalls is easily accessed on the Trading Standards website.
The Consumer Protection Act 1987 is intended to protect customers against product faults. This act deems manufacturers strictly liable for any personal injuries caused by a faulty product. The term ‘product’ covers mechanical items, clothes, food and drink produce, building materials and pharmaceuticals. It is important to remember that by putting forward your claim, not only will you be receiving the compensation you deserve for the pain and suffering you have been through, but also you will be ensuring that the company is aware of the issue meaning no one else will have to go through the experience you have.
Types Of Product Liability Claim
1. Manufacturing faults: a failure or issue during manufacture has led the product to be faulty.
2. Negligent Surveillance: having found a fault with a product, a company does not issue a product recall or do what is needed to warn its consumers about the issue.
3. Design faults: the manufacture of the product has gone completely to plan but there is a fault with the initial design.
4. Failure to adequately warn: the legislation covers instructions provided with a product, or warning on a product (but no other printed information). If the instructions/warnings are incorrect, or key facts have been omitted, the manufacturer will be liable for any issues resulting from this.
Making A Claim
A claim must be made within 3 years of the accident date. As with any personal injury claim it is advisable to make the claim sooner rather than later, in fact as soon as you feel healthy enough to. Once you have received medical treatment, your next port of call should be a product liability lawyer. Find a solicitor who is right for you, talking to a specialist will ensure you get the best advice as to whether or not your claim is viable.