Product liability compensation can be claimed in cases where you have been injured or harmed in anyway by a product. If the product was defective or unsafe, then it should not have been introduced into the market in the first place. Therefore, the manufacturer can be held responsible and liable for the injury, suffering and inconvenience you had to suffer for using their product.
Product Liability Compensation
Product liability claims exist to grant innocent and unaware customers a measure of protection against defective, faulty and unsafe products in the market. It applies primarily to retail items, but covers all things that can be bought and sold. Therefore, you can win compensation in a product liability claim if you have been injured or have suffered financial losses through the use of a product on the market. Compensation can be claimed even if you had not originally purchased the product but have suffered because of it indirectly.
Your rights to sue for compensation in a claim against the manufacturer of a given product are granted by the Consumer Protection Act of 1987. You will, however, need to prove that the product was indeed defective and that the injury or loss you suffered was a direct result of using that product. To successfully claim fair compensation, though, you would need to acquire the services of an expert, such as a reputable solicitor.
The definitions, under the Act, of ‘product’ and of ‘defective’ are quite broad. This makes it difficult to establish the manufacturer’s fault, as the reasonable expectation of customers upon purchase of the product is a subjective matter and hard to determine.
How to Claim
You will have to prove your case in a court, regardless of how eligible you think you are for the claim – and you will need evidence to do so. Even if you appoint an extremely talented and experienced lawyer, you’ll still need to provide them with enough substantial evidence to build a case.
Photographic evidence can be particularly useful. Not only can pictures of the defective product highlight its defects, but they can help your lawyer gain a better understanding of how the product is supposed to perform.
You will have a rather weak case if you blatantly ignored the instructions provided with the product and ended up injuring yourself. Therefore, it is important to provide the original packaging and the documentation that came with the product, along with the receipt to provide proof that you purchased it.
A case needs a victim and a culprit. The defective product, as the culprit, is the most important piece of evidence at your disposal. Your lawyers, the opposing lawyers, and even independent experts might ask to inspect it.
This may sound obvious, but you do need to ascertain exactly who you’re suing. As per the Supply of Goods and Services Act, you can file a claim against the supplier of the product in cases where the manufacturer is a foreign company or where the retailer or wholesaler cannot redirect to the manufacturer.
If you have suffered an injury or any financial losses by using a defective product, call Accident Advice Helpline for help with your product liability compensation claim.
Date Published: January 5, 2014
Author: David Brown