If you purchase a product from a retailer, they are under a duty to ensure
that the product complies with the relevant health and safety regulations.
If you injure yourself from using a product bought from a business
then you may be entitled to bring a claim and receive compensation for your injuries.
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This is an area of law relating to manufacturing, distributing, supplying and retailing. In essence, is people that make products available to the public. It means that they can be held responsible for the injuries those products caused.
By law, products sold to consumers must be safe. Companies must warn consumers about potential risks, monitor the safety of products, take action if safety problem found amongst other things.
Who’s at fault?
The main responsibility for product safety falls on producers including manufacturers, importers, businesses own-brand products and business that change safety of a product.
Usually there are numerous businesses involved as producers and can be jointly liable if a product causes a consumer harm.
Retail shops and wholesalers are not normally liable for harm, as long as they can identify the consumer.
Anyone who is harmed by an unsafe product could sue the producer. The case can be begin up to 3 years from the date of the injury. In some cases, they can even sue up to 10 years after the product was sold.
In general terms, the injury you suffered must be directly attributable to the unsafe product. Your injury must last at least 6 weeks and be evidenced with medical appointments etc.
If you have been harmed by an unsafe product, and the producer is found liable, it is likely that the Court will order for the producer to pay you compensation.
The producer can be sued for compensation for death or injury. The amount that can be claimed will depend on the harm suffered and there is no ‘maximum’ amount.
If someone takes action against your company under product liability laws, you should initially consider who is liable. If you are a distributor, such as a retail shop, you may not be liable if you can identify the chain of distribution.
If you are the producer, and believe the fault was caused by a problem in your production process, you may want to admit liability and settle the claim. If not you will have to prove one of 6 defences:
- You did not supply the product e.g. could be a fake copy
- You could not reasonably be expected to discover the safety fault
- The safety fault was inevitable result of obeying other laws
- Someone else caused the fault after you supplied the product
- You didn’t supply the product in the course of business
- The manufacturer who assembled the product caused the fault.
Information Video About Product Liability
Compensation Claim Specialists
Hello, I am Adam Cresswell and I am the Head of Seatons Solicitors Compensation Claim Department.
We act for clients on accident claims across the United Kingdom. We are not a middleman claims company. We are specialist accident compensation claim lawyers. We will always fight on your behalf and make sure your claim is dealt with quickly and ensure that you receive the maximum amount of compensation. We are members of the Solicitors Regulatory Authority Personal Injury Panel which is only open to solicitors who have high levels of experience and expertise in dealing with accident claims.
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If you have had an accident and are thinking about making a claim, then please call us. We offer free initial advice and if we take your claim on, we always work on a No Win No Fee basis.
All you need do is simply pick up the phone and give us a call on 01536 276300 or use our online enquiry form and we can then take things from there.