The Consumer Protection Act that was introduced in 1987 has now made it much easier for consumers to make a claim if they receive a defective product which results in their injury. Under this Act, if a product causes injury, the manufacturer is immediately responsible. This is due to the fact that everything we buy is subject to high regulatory standards in order to ensure quality of product, and upkeep safety. However, on many occasions these safety regulations are breached as consumers complain of an accident or injury occurring from using the product. The injury or illness could be the result of anything, varying from the packaging of the product, to a mishap in the ingredients of food. If you have suffered as a result from purchasing a defective product, you may be able to make a claim for compensation.
A product is usually described as being faulty when it fails to meet the safety standards a reasonable person would expect. These could range from hidden problems with the product, to inadequate safety warnings being provided, or the suitability of the product for which it was advertised.
There are many types of injuries that can be caused by using a defective product. Some of them can include the following:
defective toys
using unsafe cosmetic products
defective equipment and appliances
food poisoning
defective pharmaceutical products
There are a number of different ways a defect can be found in a product. For example, there could be a failure in the design of the product, the result of which makes the product dangerous to use. In some instances, the manufacturer fails to provide adequate product warnings to reflect the dangers and risks associated with using the product. On other occasions manufacturers have been negligent in failing to respond to warnings about potential defects in their products.
Factors to consider before you make your claim
Before you make a claim it is important that you are able to provide evidence that it was the defect in the product itself which resulted in your injury, and not due to your own mishap. These situations can become quite legally complex as some people confuse a low-quality product with a defective product.
Secondly, if your claim is regarding instructions provided with a piece of equipment, it is important to note that you can only claim negligence if you can prove that you followed the instructions given in the manual and gained an injury as a result. In other words, you cannot blame the manufacturer for your injury if you did not follow the instructions provided in the manual.
Making a defective product claim can be a complex and sometimes confusing process, as it is not easy to figure out whether there was a genuine manufacturing error in the product. However, our solicitors will assess your case and help you in your claim for compensation, should a defect be found.
