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    "If you've been injured through no fault of your own you could be entitled to compensation. If you're unsure if you could claim, I recommend you call Accident Advice Helpline."

    Esther Rantzen

    Faulty product vs improper use: Establishing the difference


    Many accidents at work or in the home are put down to faulty products. In some cases, however, these accidents and subsequent personal injuries ultimately turn out to be the direct result of improper use or incorrect installation. In order to determine whether a product really was faulty or an accident was in fact caused by improper use, it is necessary to ask a series of important questions.

    Questions to ask

    These questions include, for example, whether:

    • Manual instructions were read and followed carefully
    • Equipment requiring professional installation was installed by qualified personnel only

    Should an accident at work involve a potentially faulty product, it is also necessary to establish whether:

    • Potentially necessary training in the use of the product was provided and followed
    • Safety procedures were provided and followed
    • The product was maintained properly

    If all of these questions can be answered with a ‘yes’, it is highly likely that the product or equipment was indeed defective.

    Compensation

    Should the answer to some or all of these questions be ‘no’, home owners may have to put the incident down to experience and take greater care in the use of new products in the future. Employees, on the other hand, may still be able to claim for work injury compensation even if a product or piece of equipment was not faulty, but used incorrectly. In this case, it has to be established whether the work accident was caused by the affected employee ignoring instructions/safety procedures or:

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    • Improper installation
    • Lack of or inadequate training
    • Lack of or inadequate safety procedures
    • Poor maintenance

    Should any of the latter apply, the injured employee may be eligible to claim for industrial injury compensation.

    Making claims

    If you are a home owner wishing to claim for a refund; replacement or repair of a faulty product and compensation for accidental injuries sustained in an accident caused by the product in question or an employee making a work injury claim, the fact of the matter is that you will first of all have to establish that the fault did indeed lie with the product or negligence on your employer’s part.

    Getting professional help

    The nationwide legal team of Accident Advice Helpline can help you to do this, but will also be able to handle your claim and bring it to a satisfactory conclusion. Call our 24-hour advice line today on 0800 689 0500 for more information on making compensation claims today.

    Date Published: February 27, 2015

    Author: Accident Advice

    Accident Advice Helpline (or AAH) is a trading style of Slater Gordon Solutions Legal Limited. Slater Gordon Solutions Legal Limited is a company registered in England and Wales with registration number 07931918, VAT 142 8192 16, registered office Dempster Building, Atlantic Way, Brunswick Business Park, Liverpool, L3 4UU and is an approved Alternative Business Structure authorised and regulated by the Solicitors Regulation Authority. Authorised and regulated by the Financial Conduct Authority.

    Disclaimer: This website contains content contributed by third parties, therefore any opinions, comments or other information expressed on this site that do not relate to the business of AAHDL or its associated companies should be understood as neither being held or endorsed by this business.

    No-Win No-Fee: *Subject to insurance costs. Fee payable if case not pursued at client's request.