Product liability is defined as that part of the law that holds retailers, suppliers, distributors and manufacturers liable for any injuries caused by defective products. Under the CPA (Consumer Protection Act) or common negligence law, if a product or components of a product are defective, the manufacturer may be held liable for any damages caused, regardless of any existing contractual liability limitations. Claims can be brought for any personal injuries, death or damages to private property caused by the defective product.
Statutory product liability
Existing side by side with liability in negligence (which means if claiming under the CPA is not possible, a claim may still succeed under common law), the statutory product liability introduced by the CPA applies to products used both by consumers and within working environments.
The strict liability for harm caused by defective products imposed on manufacturers by the CPA means that anyone injured by a faulty product can claim for compensation without the need to prove negligence by the manufacturer. All a claimant has to prove is that the product in question was defective and that the damage or injury claimed for was caused by that product.
Who is liable?
Liability for a defective product lies with the ‘producer’ of the faulty product. This may be the manufacturer of the product or a component thereof, someone responsible for industrial or other processes contributing to a product’s essential characteristics, a party regarded as the producer through a trade mark or name, or someone responsible for importing the defective product into the UK or the European Community.
Product liability at work
Anyone injured in accidents at work caused by defective products, for example, has the legal right to claim for compensation against the producer of the product responsible for the work accidents.
What product liability means to you
If you suffered an injury at work because a product was defective and your workplace accident occurred within the last three years, you could be entitled to compensation for your pain and suffering, as well as for your loss of earnings and other related expenses. This also applies to injuries sustained while using a defective product at home.
What to do next
If you believe you may have a claim against a manufacturer, regardless of whether your accident happened at home or at work, give us a call on 0800 689 0500 or 0333 500 0993 today for expert advice and no win no fee* assistance by our Accident Advice Helpline faulty product claim specialists.
Date Published: December 9, 2015
Author: David Brown