Claim Compensation For Injury From A Defective Product, Faulty Packaging Or Incorrect Instructions
Find out what a defective product injury claim is; how a defect with the instructions or packaging may be sufficient to show fault and the laws that your solicitor relies upon to prove your claim against a manufacturer.
What is a defective product injury claim?
If you are using a product for the purpose it was intended and a defect or malfunction causes you injury, you could be entitled to claim compensation in a defective product injury claims (also known product liability injury claim).
The compensation you claim will include monies for your pain and suffering plus compensation for your financial loss and expense.
What about defects with a product’s packaging or its instructions?
There does not just have to be a defect with the product itself, there could be an error in the instructions of use of the item or the packaging of the item.
For example, sharp plastic packaging that may cut you or medicines with incorrect dosage amounts given in the instructions.
If such errors exist and cause injury then you may still have a product liability compensation claim.
What is classed as a product?
A product can include many things from:
- Highly engineered items, such as cars & bicycles.
- Medicines.
- Foodstuffs, such as a pack of biscuits.
In reality – most things you purchase are manufactured in some way.
What laws help determine a defective product liability injury claim?
There are a number of laws that your solicitor will rely on to make a claim:
The Law of Torts or Negligence
This is the fundamental basis of personal injury law and relies on your lawyer showing:
You Were Owed A Duty Of Care
You lawyer must show that you were owed a duty of care.
Notably – a manufacturer of a product owes you (as a consumer and the end user) a duty of care.
Ultimately, it was for you the product was manufactured
You are owed this duty even though the product was purchased by a shop for sale.
The Duty Of Care Was Breached
The duty of care was breached by act or omission. In other words – by doing something negligently or negligently failing to do something that should have been done.
Injury Was Foreseeable
It was foreseeable that a breach of duty through negligence could cause injury.
Remember – some negligent acts might not cause injury nor would such an act be anticipated to cause injury.
Therefore – only negligence that could be anticipated to cause injury can be claimed for.
Damage Is Not Too Remote
The injury must not be considered too remote This is principle is known as remoteness of damage.
For example – it is foreseeable that a defective pram wheel could cause a baby injury from a fall in the pram if teh wheel comes off.
Whereas – it would be considered too remote to foresee that a mother would suffer psychological injury seeing a pram wheel fell off, but with no injury to her baby.
The shock at what could have happened to her baby would be considered too remote.
Breach of Statutory Duty
Products manufactured for public consumption will typically be governed by a very specific law relating to the safety requirements of that product. For example – bicycles must be made so as to adhere to the Pedal Bicycles Safety Regulations.
If this specific law is breached this is evidence that can be relied upon to show that a manufacturer is legally at fault.
The Consumer Protection Act 1987
When you purchase a product you are classed as a consumer. Therefore, the Consumer Protection Act 1987 will protect you from injury from a defect or malfunction.
Strict liability is effectively imposed on a producer so long as injury is shown to have been suffered from a defect with a product).
You Can Still Be A Consumer If You Did Not Purchase The Product
Be aware – even if you did not purchase the product, but consumed it, you can still be classed as the consumer.
For example – your wife purchases a packet of biscuits that has a piece of metal in it and you eat it suffering injury. Here you can be considered the consumer and so protected under the Consumer Protection Act 1987.
The Consumer Protection Act also defines what a defective product is and takes into account:
- The intended use of the product.
- The price.
- Its quality.
- The age of the item.
Contract Law
When an item is purchased for sale by a retailer a contract is in place with express and implied terms. See the Sale Of Goods Act 1979 as amended.
An express term is something specifically written in the purchase agreement. Whereas implied terms are those not necessarily written, but presumed as applying to the purchase agreement.
If the sale takes place in the course of a business it is implied that the item is:
- Fit for the purpose it is ordinarily used.
- Safe to use.
- Free from defect.
Watch out – a seller pointing out problems before sale can avoid breach of contract.
Contract generally applies between the purchaser and seller. However, some times implied terms can pass and the seller can be found responsible for injury or death caused by breach of the implied terms.
FREE Legal Help
Suspect you have suffered injury as a result of a defective products? We recommend your select from – our free telephone and online legal help options.
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