Faulty Product Injury Claims: Know Your Rights

If you’ve been injured because of a defective product, you may be entitled to make a claim for compensation.

There are several options available to you, to see whether you can secure compensation for your suffering or loss of earnings. For example, you may be protected under the Consumer Protection Act 1987 and can make a claim accordingly. Or it may be the manufacturer was negligent in the production of the product and it was this negligence that caused your personal injury. Or it may be that the product you bought was not of a sufficient standard and you can claim for breach of contract.

Defective Product Injury Claims: The Options

The type of claim you may be able to make will depend on your individual circumstances. As a guide, though, there are three core options available to you.

Consumer Protection Act 1987 Claims

With this option, there is no need to establish negligence or another cause, and liability is passed onto the manufacturer in particular situations.

The Act applies to:

• The producer (section 2(a))
• Individuals who in some way put their name to the product, whether in the shape of a trade mark or other sign (section 2(b))
• Anyone who has introduced the product to others by importing and selling on (section 2(c))

A defective product is classified under section 3 of the Act as the safety of the product not being what the individual is “entitled to expect”.

Section 3(2) explains what is reasonable to expect, including marketing, instructions, safety advice, and the timing of when the product was supplied by its producer to another.

This section also states that if a producer improves the safety of the product this is insufficient to prove the product was defective beforehand.

Negligence Claims

This is a compensation claim against the manufacturer for causing personal injuries as a result of their negligence. It can, however, be difficult to establish negligence as you need to prove both that the product had been aimed at a particular audience and also that it had failed to deliver on its promises.

Breach of Contract Claims

In accordance with section 14 of the Sale of Goods Act 1979, you may be able to make a breach of contract claim against the seller for compensation on the grounds the product you bought was of unsatisfactory quality.

A professional personal injury solicitor will work hard to establish the best option for you and whether you have grounds for a case. To discuss the details of your individual circumstances and for advice on making a claim, contact Bartletts Solicitors today on 0800 988 3674.or email advice@bartletts.co.uk