One of the key questions you should ask if you have been injured as a result of a defective product is: “Under what circumstances do I not have any rights when it comes to a faulty product?” Indeed, in the event of a court case, this will be the main issue. It is not normally too difficult to establish whether or not a product is faulty or whether or not your injury is serious. However, identifying a responsible party to the satisfaction of a court will be the difference in deciding whether compensation is paid or not. If you are considering instigating legal proceedings, you must first decide whether or not you really have any right to make a claim. Under what circumstances, then, does the consumer lose their rights when it comes to a faulty product? We understand that this can be a complex issue, so give Accident Advice Helpline a call today and benefit from our expert guidance.
A typical example is when the instructions included with the product are not followed. Whilst this doesn’t ignore the fact that the product may be faulty, it provides an extremely strong argument for the manufacturer to claim that the injuries have not been sustained as a direct result of the fault itself, but rather because you, the consumer, have not followed the instructions. If, for example, you receive a burn as a result of a soldering iron falling off a poorly constructed stand which was placed on an uneven surface, despite warnings that it should be placed on a smooth level surface, then your rights may well be adversely affected. If you are unsure, give us a call here at Accident Advice Helpline.
Secondly, your rights are often affected if the item purchased is second hand. Essentially, any product purchased from a source other than a nominated retailer or indeed the manufacturer is a case of ‘buyer beware,’ as there is no technical way of knowing whether the previous owner has modified the product in some way. If the item is still under guarantee it might help a little, but if any modifications are found to have been carried out then the manufacturer will not be considered liable for selling a faulty product.
The responsibility for any injury also lies with you if you have purchased a product knowing there is some potential risk. For instance, if a product is sold ‘as seen’ within a retail environment, this once again this becomes a case of ‘buyer beware’ and it is unlikely that either the retailer or the manufacturer will accept responsibility. However, there are exceptions, as many modern retailers trade second hand goods; if this is the case, it is their duty to ensure that any products they sell are safe. It should be noted that some of the old-style pawnshops, which do not provide receipts, might be harder to tie down.
If you have any doubts about whether you do or do not have any rights when it comes to a faulty product, give Accident Advice Helpline a call today on 0800 689 0500 and we will have one of our experienced solicitors take care of you.
Date Published: October 8, 2013
Author: David Brown