Making a claim for compensation as a result of an injury you have sustained due to a faulty product can be a challenging process to go through. Needless to say, it is important to ask yourself this question: “What are the retailer’s obligations when it comes to a faulty product?” One of the most common areas of uncertainty with regards to personal injury claims is understanding exactly what responsibilities the manufacturers of the products have and what they are legally required to do in terms of their responsibility to consumers. Here at Accident Advice Helpline, we have set out some of the retailers’ main obligations.
Firstly, it is the legal obligation of any manufacturer to ensure that if any of their products develop faults once they have been launched, they must be recalled and removed from sale. In some cases, this might be a small sample of glass being found inside a batch of food products; in other cases, it might be a tendency for a digital radio to overheat. Whatever the fault, the manufacturer is expected to contact retailers and request that all unsold batches be returned. If the product is already being sold, the retailers themselves will also be expected to notify customers of the issue and request that they return the faulty product, in return for a full refund.
It is also the responsibility of the manufacturer to ensure that any potential risks relating to their products are clearly identified in the item’s documentation and packaging. Most products contain a risk of some kind — even plastic bags can present a choking hazard to children, power drills can lead to electric shock and coffee machines can cause burns. However, as long as the warnings are clear regarding any potential dangers, then the manufacturer will have met their obligations. If you are uncertain about any of this, give Accident Advice Helpline a call today and we will be happy to answer your questions.
Manufacturers are required to provide full instructions where necessary. This is usually the case with any product that has moving parts or which requires home assembly. One of the biggest causes of an injury at home is furniture not being put together correctly, leading to trapped fingers, falls and other issues. However, if the manufacturer has provided accurate and clear instructions, the fault is likely to be yours, the consumer, especially if you have failed to follow the instructions provided.
Manufacturers must implement a checking procedure and operate a supervisory system to ensure that all products are in full working order when they are shipped. Typically, electronic products should have a certificate included within the warranty signed by the person responsible for checking it, confirming that the product is in full working order. If a product is found to have a fault that leads to an injury and it had been cleared for sale, then the fault lies solely with the manufacturer. Essentially, this will be the case with any order that has been shipped for sale; not all products will contain a signed certificate.
Remember, if you require further information or advice on this subject, please call us here at Accident Advice Helpline and one of our specialists will be happy to help. Our freephone number open 24 hours a day, seven days a week is 0800 689 0500.
Date Published: October 8, 2013
Author: David Brown