Callers who are uncertain about how to proceed with a claim often ask us: “I was injured due to a faulty product – who is at fault?” The simple answer is that it is likely you will be eligible to receive compensation from the responsible party, both as recompense against the mental trauma you may have suffered and to help pay for any necessary treatment. We at Accident Advice Helpline are here to help; however, the process of making a claim is far from routine, which is why it is important to seek legal advice. When dealing with faulty product claims one of the following is usually to blame.
Almost all the products on sale today will have been manufactured by companies using labour in the Far East. If you have been injured due to a faulty product, this can make it difficult to ascertain exactly who is at fault. Most, if not all companies have in place stringent measures to ensure no faulty goods leave the factory. However, it is inevitable that, from time to time, sub-standard products will slip through even the most efficient quality control system. In such a situation, if the product causes injury it is the manufacturer’s responsibility. Such faults can occur in almost any piece of modern equipment, from TVs to motorbikes.
On some occasions, injuries arising from product faults may be the responsibility of the retailer rather than the manufacturer. This is quite rare, but there are times when a product may be put on the shelves despite the fact that the manufacturer has flagged it as being faulty in some way. It might also be the case that a product, which has been damaged whilst in storage at the shop, is sold by mistake. For example, a television that has been dropped in the retailer’s warehouse develops a fault with the mains lead that causes an electric shock to the user when it is plugged in. In this case it is the retailer who is responsible. It is possible that the retailer will try to blame the manufacturer, which is when you should contact one of our specialist advisors at Accident Advice Helpline for assistance.
Unfortunately, many injury claims are rejected during the early stages due to the person who was injured being responsible, without being aware of it. To use a rather painful example; if you are a DIY enthusiast and you purchase a soldering iron, follow the instructions to the letter, but fail to wear goggles and receive a flicker of solder in the eye, the manufacturer would not be responsible as long as there is a warning to wear goggles on the product box. The same principle applies if you open up a PC, breaking the manufacturer’s seal in the process, in order to add a new graphics card and then receive a shock when the computer is turned back on.
Fortunately, there is one very effective way of discovering who is responsible for your injury; consult a legal expert with experience in these matters. Most legal firms will have dealt with cases like yours before and will know the right questions to ask in order to ascertain who was responsible for the accident and whether or not your claim is likely to succeed. They will also know how much compensation is typically awarded. Remember, give us a call at Accident Advice Helpline and let us take care of you.
Date Published: October 8, 2013
Author: David Brown
Category: Faulty product claims