Nothing puts a dampener on Christmas festivities quite like broken or faulty presents, particularly if they go on to cause a personal injury.
Accidents at work and home – product liability claims
When it comes to things like construction site accidents due to faulty machinery, the injured employee may well have a case for work accident compensation.
Similarly, if you suffer injuries or illness as a result of an accident with a faulty product at Christmas time, you may also be due some accident compensation.
Christmas accidents – the statistics
Figures from the National Health Service show that, on average, more than 80,000 people end up in hospital at Christmas time because of injuries related to the festive period. These can include cooking accidents such as scalding and burning, or slips and falls whilst out shopping, but another category is faulty product injuries.
Product liability – the law
The Consumer Protection Act of 1987 allows customers to make claims against makers and manufactures after suffering injuries caused by a product which is not as safe ‘as persons generally are entitled to expect.’
Other factors likely to be considered by the courts include:
– The state and clarity of any instructions and warnings which came as part of the product.
– The time and date the item was produced
– What can be expected from the product in terms of reasonable function
– The nature of any advertising or presentation to the market of the item.
Therefore, if a product is simply of a poor quality rather than defective, a product liability claim may be hard to make.
It’s also important to check where your goods came from. Auction sites may make the festive period lighter on the wallet by bringing a number of bargains to your attention, but products bought from overseas may not be subjected to the same laws and safety standards required here in the UK.
What can I do if I suffer an accident from a faulty product at Christmas time?
Rather then letting your misfortune ruin one of the most magical times of year, rest assured that professional help and guidance is available.
Accident Advice Helpline are a law firm with over 13 years of experience dealing with personal injury claims. They come with Esther Rantzen’s seal of approval and offer a Freephone service on 0800 689 0500; available 24 hours a day, seven days a week.
They work on a no win, no fee basis and usually settle out of court.
Date Published: January 9, 2014
Author: David Brown