When you buy a new product and use it according to the instructions, you expect it to work and to be safe to use. If you suffer a personal injury caused by a faulty product, which was not your fault, you have every right to seek compensation.
Martin White, personal injury solicitor at WBW Solicitors in Exmouth, explains your legal options if you are injured by a faulty product.
Goods could develop faults and cause injury in a number of ways. Product liability compensation claims which could arise from incidents include:
- Contaminated food or skincare products;
- Malfunctioning electrical appliances;
- Faulty cars;
- Unsafe child seats;
- Defective furniture;
- Exploding E-cigarettes; or
- Dangerous toys.
Under consumer protection legislation, manufacturers have a duty of care to ensure that their products work when they leave the factory and are safe for you to use. If you are injured by a faulty product this would usually mean negligence on the part of the manufacturer, or someone else in the chain of sale, and you are entitled to claim compensation, whether you bought the product, borrowed it or used it at work.
To succeed in a faulty product compensation claim you must be able to show that:
- The product was faulty;
- You suffered an injury;
- The faulty product caused your injury – whether because of a design fault, a malfunction, or inadequate instructions or warnings; and
- You followed instructions and used the product correctly.
How a solicitor can help
Your first step if you are injured by a faulty product should be to consult a specialist personal injury solicitor. They will be able to inform you of your rights and help you gather together the evidence you need to strengthen your case.
They can also correctly identify who you should bring your compensation claim against. This could be the product designer, manufacturer, wholesaler, or retailer depending on when and where the fault originated. They may refer you to a medical expert to prepare a report on how your injury was caused and the effect it has had on your life.
If your claim succeeds, your solicitor will value your claim and obtain the compensation to which you are entitled. The amount of compensation you receive will depend on the extent of your injuries and your long-term prognosis but could include damages for:
- Pain and suffering;
- The cost of medical care;
- Travel expenses related to your medical treatment;
- Loss of income;
- Adaptations to your home; and
- A home care professional.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.