Product Liability Claims

Call 0345 872 6666

Product Liability Claims

If a product you buy is unsafe and causes you injury, you are entitled to make a compensation claim. At JMW, our experience in this area of law means we have dealt with many individuals who have suffered an accident due to a faulty product, so you can rest assured that your claim is in the right hands with us.

To speak to a solicitor about starting your product liability claim, contact us today on 0345 872 6666 or fill in our online enquiry form and let us know a convenient time to contact you.

How JMW Can Help

When you buy a product, worrying about whether or not it is going to cause you an injury should not be a major concern. However, if a business or manufacturer supplies a product to the public, whether it be a beauty lotion or a television set, by law it has a duty to ensure the product is safe. A product is deemed unsafe when a component or raw material it contains is defective and may cause harm to individuals.

Sustaining an injury as a result of a faulty product through no fault of your own is naturally upsetting, and you are entitled to make a product liability claim. Although this may not be the first thing on your mind, compensation is designed to return you to the position you were in before the accident, meaning it can be a vital lifeline if your injury has had a significant impact on your life. Our team is experienced in all areas of product liability law and will help you make a claim with minimum stress.

Our product liability solicitors will gather the evidence you need to make a claim, and we will act on your behalf to get the maximum amount of compensation possible. We will keep you up to date on all matters and explain all your options in a way you will understand, so you can be confident you have made the right choice in instructing JMW.

Making a claim means you will receive compensation for your injuries, as well as for expenses incurred as a result of your accident. This can include anything from time taken off work to replacement of the faulty product, to any extra care and assistance you have received from loved ones or friends.

Accidents Caused by Faulty Products

As almost any product could be faulty, there is a wide range of accidents that could happen should something go wrong. Some of the injury and illness claims we’ve dealt with arising from defective products include:

  • Burns
  • Head injuries
  • Electrocution
  • Extreme allergic reactions
  • Fractured or broken bones
  • Scarring
  • Skin conditions
  • Cancer
  • Choking

Regardless of how you have been injured, if it was caused by a defective product, you are entitled to make a product liability claim for compensation.

Common Faulty Products

Products we have seen associated with compensation claims include:

  • Bathroom fittings and fixtures
  • Bicycles
  • Cars
  • Makeup and costume paints
  • Electrical chargers
  • Facial beauty products
  • Furniture
  • Gym equipment
  • Hair products
  • Hot water bottles
  • Mobility scooters

The Responsibilities of Sellers and Manufacturers

When it comes to a product being sold to the public, the main responsibility of the manufacturer is to ensure that the product is safe by:

  • Taking action if a problem is found
  • Warning consumers of potential risks
  • Providing information to help consumers understand the potential risks
  • Monitoring the safety of products

The main responsibility for product safety falls on those responsible for the production of the product; responsibility can encompass manufacturers, importers, businesses that supply own-brand products and businesses that alter the product in a way that affects its safety. It is, therefore, most often these parties against whom a claim is made. However, if the actions of the individual or organisation selling the product cause it to harm you, a claim may be made against them.

Making a product liability claim is often a complex process, which is why it is best dealt with by an experienced solicitor who understands this unique kind of case.

Why Choose JMW?

When facing the distress of a product-related injury, selecting the right legal representation is paramount. Our team of specialist personal injury solicitors offers extensive experience and knowledge about making product liability claims.

JMW's reputation in the legal arena is solidified by its recognition in esteemed legal directories such as the Legal 500 and Chambers & Partners guides. These accolades reflect our commitment to legal excellence and client satisfaction. They signify the trust and respect we have garnered through our diligent work, and the successful outcomes we have achieved for our clients.

Our client-centric approach is at the core of our practice. We understand that behind every product liability claim is a unique story and a person seeking justice. Our solicitors provide personalised advice and support, ensuring that each client's individual needs are met with the utmost care and consideration. From the initial consultation to the resolution of your claim, our team ensures that you are well informed and involved every step of the way. Our aim is not just to secure compensation, but also to provide a sense of justice and closure for the distress caused by defective products.

We approach every personal injury claim on a no win, no fee basis - including those for product liability claims. This arrangement allows our clients to pursue their claims without the worry of upfront legal fees, reinforcing our confidence in our ability to represent and succeed on behalf of our clients.

FAQs About Product Liability Claims

Who can be held responsible in a product liability claim?

In a product liability claim, the responsibility can lie with any party involved in the product's chain of distribution. This chain includes the manufacturer, the retailer, and, in some cases, the wholesaler or distributor. Primarily, the manufacturer bears the largest responsibility for ensuring their products are safe for public use. This includes ensuring that the product is free from design defects and manufacturing defects, and that proper instructions and warnings are provided.

If a retailer sells a product that they know is defective, or fails to provide adequate safety warnings, they too can be held responsible. Similarly, distributors or wholesalers can be held liable if their actions contribute to the product's defectiveness or if they fail to communicate safety information adequately.

How can I prove that a product is defective?

Proving that a product is defective typically involves demonstrating that the product did not meet the reasonable expectations of safety when it was used as intended. There are several key elements to consider when establishing that a product is defective:

  1. Evidence of the defect: this can include the defective product itself, photographs, or other physical evidence that shows the defect. Any alterations to the product from how it was at the time of the injury can affect the credibility of the claim.
  2. Expert testimony: expert witnesses, such as engineers or product designers, can provide insight into how and why the product is defective. They can compare the product's design and manufacturing process against industry standards to establish any discrepancies.
  3. Documentation: instruction manuals, packaging and marketing materials can be used to demonstrate that the product lacked adequate warnings or instructions, contributing to its unsafe use.
  4. Medical records: if the defective product caused an injury, medical records linking the injury to the product are essential. These records can help establish the extent of the injuries and the direct connection to the product's defect.
  5. Incident reports: if similar incidents or complaints have been reported regarding the same product, this information can support the claim that the product is defective and that the defect is not an isolated occurrence.
What steps should I take if I have been injured by a defective product?

If you have been injured by a defective product, taking the right steps not only ensures your safety and health, but also strengthens your position in a potential product liability claim. Here's what you should do:

  1. Seek medical attention: your health is the priority. Even if the injury seems minor, get it checked by a medical professional. Medical records will also serve as vital evidence in your claim.
  2. Preserve the product and evidence: keep the defective product in the same condition it was in after the incident. Do not attempt to fix or alter it. Additionally, gather any packaging, instructions or receipts related to the product.
  3. Document the incident: take photos of your injuries, the defective product, and the scene where the incident occurred. Write down a detailed account of what happened while the events are still fresh in your memory.
  4. Gather witness information: if anyone witnessed the incident, collect their contact information. Witness statements can provide valuable support for your claim.
  5. Report the incident: notify the manufacturer or retailer about the defect and your injury. This not only puts the incident on record but also alerts the responsible parties to a potentially dangerous product.
  6. Consult a solicitor: before initiating any legal action or accepting any settlement offers, consult with a solicitor specialising in product liability. Our team can offer you the right advice, help preserve necessary evidence, and guide you through the process of making a claim.
  7. Do not discard anything: keep everything related to the product and the incident, including any correspondence with the manufacturer or seller.
Is there a time limit for filing a product liability claim?

You generally have three years from the date of the injury, or the date when you first became aware of the injury, to make a claim. This is known as the 'limitation period'. However, there are a few exceptions to this rule:

  1. Children: if the injured party is a child, the three-year limitation period does not start until their 18th birthday, giving them until their 21st birthday to make a claim. This means a claim can be made on their behalf at any time before their 18th birthday.
  2. Mental capacity: if the person injured lacks the mental capacity to make a claim, there is no time limit until their mental capacity is restored.
  3. Date of knowledge: in some cases, the injury or the defect in the product may not be immediately apparent. In such cases, the three-year period might start from the date you became aware of the injury and its connection to the defective product, also known as the 'date of knowledge'.

Consult with a product liability solicitor as soon as possible after the incident. JMW can help ensure that your claim is filed within the appropriate time frame and that no deadlines are missed.

What types of compensation can I seek in a product liability personal injury compensation claim?

Compensation for product liability claims is designed to cover both the tangible and intangible losses you have suffered due to the defective product. The types of compensation, often referred to as 'damages', can include:

  • General damages: these cover the pain, suffering and loss of amenity resulting from your injuries. This includes compensation for the physical pain and emotional distress you have experienced, as well as any loss of enjoyment in life or limitations on your usual activities.
  • Special damages: these are awarded to cover quantifiable financial losses and expenses incurred as a result of the injury. Special damages can include medical expenses, loss of earnings, care costs, travel expenses and costs to replace or repair the defective product.

If your injury has long-term effects, you may be entitled to compensation for future medical care, ongoing treatments and loss of future earnings.

Each product liability claim is unique, and the compensation you are entitled to will depend on the specifics of your case, including the severity of your injuries and the impact on your life. A solicitor specialising in product liability can help you understand the full extent of compensation you might be entitled to, and work to ensure that all your losses are adequately covered.

Can I still file a claim if I used the product in a way that was not intended?

Filing a claim for a product liability case where the product was used in a manner not intended by the manufacturer can be complex. However, it is not necessarily impossible. If the way you used the product was foreseeable and the manufacturer failed to warn against such use, you might still have a valid claim. Manufacturers are expected to anticipate reasonable misuse of their products and provide appropriate warnings.

In some cases, even if the misuse was partly your fault, you might still be able to claim compensation. This concept is known as 'contributory negligence'. The compensation might be reduced depending on the degree to which your actions contributed to the incident.

If the injury was caused primarily by a defect in the product rather than the misuse, you may still have a strong case. For instance, if a safety feature that should have activated regardless of how the product was used failed, the manufacturer may still be held liable.

What if the product was subject to a recall?

If the product that caused your injury was subject to a recall, it can significantly impact your product liability claim. A recall often serves as an acknowledgement by the manufacturer that there is a defect in the product. This can be used as evidence to support your claim that the product was unsafe.

Manufacturers have a duty to warn consumers about known dangers of their products. If you were not adequately informed about the recall or the risks associated with the product, this might strengthen your claim. If the recall occurred after your injury, it could be used to demonstrate that the manufacturer knew about the defect but failed to take timely action to prevent harm to consumers.

If you complied with the recall instructions but still suffered an injury, this could also support your claim, showing that the injury was not due to any negligence on your part.

A product recall does not automatically guarantee a successful claim. Each case is unique, and various factors will influence the outcome. Consulting with a solicitor specialising in product liability is crucial. They can help you understand how the recall might affect your case and how to best present your claim.

Talk to Us

If you or a loved one have been injured as a result of a faulty product, get in touch with our product liability solicitors today to make a claim. You can contact us on 0345 872 6666 or fill in an online enquiry form and we will call you back.

Endorsed by

Awards & Accreditations