Defective product claims
Injuries from faulty products can be extremely distressing. Having a product that you have bought, form a company that you have trusted, cause you pain and harm of any kind, is an awful experience. If you have been injured as a result of a defective product in any way, you have the right to make a claim for personal injury compensation.
How does a defective product personal injury claim work?
Whenever you buy something, or use something, you are a consumer of that product, and if that product is unsafe, you are entitled to make a claim under the Consumer Protection Act 1987 for any injury sustained. The only exception is claims against builders for construction claims, although it may still be possible to pursue a claim via the Consumer Rights Act 2015.
A defective product claim can be made by anyone using a product, regardless of whether or not they were the person who bought or paid for the product. So, if you use the item as it is intended and instructed to be used, and it happens to malfunction, or otherwise fail to perform its intended purpose, and cause you to sustain a personal injury, you are entitled to make a defective product personal injury compensation claim.
Read on below to learn more about defective product claims, and how you can make one today.
What classes as a faulty product claim?
As with all kinds of personal inury claims, there is a huge range of different ways in which the incident can occur. Obvious examples of defective products include a ladder breaking while you are climbing it, electrical shocks or burns due to faulty devices, and burns caused by contaminated or mislabelled cosmetics. Defective product claims can also be brought for injuries caused over a period of time, such as faulty sports supports and braces, or even chemical exposure.
MG Legal’s team of specialist solicitors will help you to bring a claim against the producer of the product for compensation for both personal injury and financial losses. See a full overview of these different kinds of compensation, here. Below are some of the types of defective product claim you can make:
Work Equipment- See our Accident At Work department, here.
Gym Equipment- See more for injuries in gyms and sport centres, here.
Electrical Products- See our electrical workplace injuries page, here.
Make-up or Beauty- If injured by a beautician or during a beauty treatment, see here.
Surgical implants- For a full overview of surgical negligence, see here.
What type of injuries are commonly caused by defective products?
Because defective product claims cover all types of products, there is no one particular type of injury that can be said to be caused by defective products, although more common injuries can include:
• Chemical burns or hair loss (from defective beauty products)
• Cuts and lacerations (from defective glass items)
• Broken bones (from defective furniture/DIY equipment)
• Gastric illness/throat and stomach injuries (from defective food items)
• Choking/asphyxia (from defective toys)
• Need for further surgery (following surgical implant recalls)
• Electrical burns/shock (from defective electrical goods)
Whatever your injury might be, and whatever the product that caused the injury, MG Legal’s specialist solicitors are available to help you obtain compensation for your defective product personal injury claim. If you believe your injury was caused by a defective product, get in touch with us and one of our product liability specialists will be happy to discuss your claim in full, with a view to having the process started, for a no win no fee personal injury claim, the same day.
What to do if I have been injured by a faulty product?
1. Always keep the faulty product- if a product has malfunctioned and caused you pain or injury, your first instinct might be to throw the product away to prevent anybody else being injured by it. However, this could make it much harder to pursue a personal injury claim for your injuries. The most important step is to keep the product in the same state that it was when you used it, provided it is causing no immediate threat when switched off, and to take some pictures of where and how you were using the item, to show that you were using it in the manner intended. If the item is broken, try and wrap it up or put it somewhere safe to ensure no further injury occurs.
Many products can be inspected by experts to determine if it is indeed defective and so, keeping this evidence can be helpful to your defective product personal injury claim. If the item is perishable, such as food or drink, it can help to place it in a closed contained and refrigerate or freeze the item so it can be inspected or tested later.
2. Keep the receipt- Whether you purchased the product from a shop with a physical receipt, or instead have an online invoice, make sure to keep this along with any packaging or instructions if possible. If you have made a complaint to the manufacturer or supplier, keep copies of any documents you send to them and their replies to you.
3. Visit A&E or your local GP for your injuries- We always advise all of our clients to seek medical attention if they are in doubt about the severity of their injuries or how to treat them. We are able to obtain your medical records for review by an independent medical expert to help support your claim further down the line. It can also help to take regular photographs of any injuries, particularly those involving burns and scarring, to show how they are healing, as well as any residual scars. If possible, keep a pain diary, or a personal injury journal to track the injuries.
Are there time limits for making a personal injury claim for a defective product injury?
There are time limits in place for all personal injury compensation claims, subject to the Limitation Act of 1980. This Act states that a claim must be pursued within three years of the date of the injury, or the date at which you were aware of the injuries that you sustained, if these are two different dates.
There are two exceptions to these rules-
If you are making a defective product personal injury claim for an incident that occurred when you were a minor, or under the age of eighteen. In this situation you have three years from the date of your eighteenth birthday to pursue your claim.
2. If you are making a claim for financial compensation on behalf of someone with limited mental capacity, or acting under a Lasting Powers of Attorney.
Why choose MG Legal if I have been injured because of a defective product?
MG Legal are specialists in personal injury financial compensation claims and we have dealt with thousands of claims over the years, including many defective product personal injury claims. Our expert solicitors accept all personal injury claims, on a no-win no fee basis, and we have a success rate for obtaining personal injury compensation for our clients, in excess of 99%. See a collection of reviews from our previous clients, here, for more insight into how we work.
If you would like to speak to a specialist for a no-obligation discussion of your potential defective product personal injury claim, get in touch online, here, and a personal injury solicitor will get back to you within one working hour.
If you'd rather speak to a member of our time in person, pop into one of our local offices in Lancaster, Longridge, or Garstang for the surrounding Preston area.