If you have suffered an injury through faulty products, it is highly likely that you will be able to claim compensation. It is however, necessary to determine exactly what happened, who or what was responsible for the incident resulting in the injury and who is liable to pay the compensation before a successful claim can be made.
Initial questions you will be asked
In other words, when you call Accident Advice Helpline, the helpful, friendly advisers answering your call will first of all ask a set of specific questions in order to determine whether you are indeed eligible to make a faulty product claim. These questions will include:
- The type/ extent of the injury incurred
- Whether medical treatment was required
- The date of the injury (claims must be made within three years)
- Whether any other damage was incurred (flood or fire damage, for instance)
- Which type of product caused the injury
- When and where it was purchased
- Whether you read and followed relevant instructions of use
When injuries are the result of accidents at work, you will also be asked whether training for use of the equipment causing the injury was provided, whether you used the equipment as instructed and – if applicable – whether you observed relevant safety procedures/ wore provided safety equipment.
In particular the latter questions will assist in determining both responsibility and liability. If, for example, you failed to read/ follow instructions and the injury was the result of misuse, rather than a defective item, the responsibility ultimately lies with you, and no one is liable to pay compensation. If the incident occurred in spite of following such instructions and the product was indeed faulty, liability rests on retailers or manufacturers or, in the case of accidents in the workplace, potentially with your employer.
Having determined that you are eligible to claim, the legal team of the AAH will take on your case. Then you will be required to provide evidence of your injury/ damage caused. This could include photographs, written statements and doctor’s reports. Witness names and contact details also need to be provided.
Evidence for working accidents
If you were injured by defective equipment at work you will also need to show that the incident was reported and recorded in your company’s relevant accident report book. The law requires employers to record all work accidents – no matter how minor they may be – in this fashion, and the entry can be used as supportive evidence in your faulty products claim.
What happens next?
Having collected all the necessary details and evidence, the legal team will then proceed with your claim. How long this will take depends on the circumstances, but in any case, it will be dealt with as quickly as possible. If your claim is successful, you may receive compensation for your injury, as well as for time off work and perhaps even for the stress/ anxiety the incident caused you. Exact amounts can, however not be guaranteed.
Date Published: September 26, 2013
Author: David Brown
Category: Faulty product claims