Personal injury is a legal term for an injury to body, mind or emotions, rather than injury or damage to property.
There are many types of personal injury, and in this article we will be focusing on accidents and injuries caused by product defects, which are some of the most common types of personal injury claim in Wimborne made by victims seeking compensation payouts.
Product liability is a part of the law that states that manufacturers, distributers, suppliers, retailers and others who make products available to the public are responsible for the injuries those products cause. Regardless of any contractual limitations of liability, if a product or any of its component parts are defective, its manufacturer may be liable for damage under the Consumer Protection Act (CPA) or the common law of negligence.
There are three major kinds of product liability claims:
- Manufacturing defects – Those that occur in the manufacturing process and usually involve poor quality materials or shoddy workmanship;
- Design defect – Where there is a problem with the design of the product which will make it dangerous or useless no matter how carefully manufactured; and
- Failure to warn (marketing defect) – These occur in products that carry a non-obvious danger which could be averted by issuing warnings to the consumer.
Often, several businesses are involved as producers and can be jointly liable if a product causes harm. For example, several component makers might supply parts to a manufacturer that assembles the product.
Anyone who is harmed by an unsafe product could sue. They can begin their court case up to three years from the date of the injury. In some cases, they can even sue up to ten years after the product was sold.
Producers, manufacturers, importers and suppliers all have a responsibility to ensure that products are safe. They should:
- Consider safety at every stage, from initial design through to selling; and
- Check whether there are any specific regulations or safety standards applying to the product and that they meet them.
In addition, suppliers must:
- Give customers any safety information provided by the producer;
- Investigate safety complaints, and tell the manufacturer; and
- Co-operate with Trading Standards officers.
If you have suffered a personal injury because of a product defect, you are entitled to make a claim under the Consumer Protection Act. You will be entitled to two kinds of damages for your injury claim in Wimborne. The first is called general damages, awarded for what the courts call “pain, suffering and loss of amenity.” The second is called special damages and covers actual financial losses and expenses arising from your injury. This can include lost earnings, costs of caring for an injured person, physiotherapy and more.
Recommended by Esther Rantzen, we offer maximum compensation and a helpful 24/7 helpline (0800 689 0500 and from your mobile on 0333 500 0993) staffed by friendly advisors, who will not just keep you hanging on. If we can’t answer your query about your injury claim in Wimborne straight away, then we will call you back.
Date Published: 12th October 2013
Author: David Brown