We are personal injury solicitors specialising in claiming compensation for clients injured by faulty & defective products. Catherine Smith has experience with all types of claims, and introduces our services in this short video.

Read more about defective product injuries below, or use our free legal advice service opposite to ask us a question or to get started making a claim.

Compensation for Defective Products and Faulty Products

Defective products and services have made the headlines during 2010, most notably following Dell's recall of over 4 million notebook computer batteries, and the case of mass food poisoning at the Fat Duck restaurant in Bray. Product liability injury claims may be brought against any party involved in the production or handling of goods which have subsequently caused injury or illness to members of the public. This includes manufacturers, distributors, importers and retailers. Such claims will seek to prove that consumer goods which are inherently dangerous and unsafe to use have been produced and supplied. In legal terms, the standard of such goods is below that which a customer would reasonably expect.

Defective Product Compensation Claims

Defective products most often result from flaws design or manufacturing errors. Most product liability compensation claims are therefore brought against individual manufacturers. Claims may however be pursued against other parties, notably importers and retailers, where goods have become damaged, altered or rendered dangerous under their care, and have later been supplied to customers. Product liability claims may be simple, or may require lengthy, complicated technical and scientific evidence. Companies and individuals involved in the production and supply of goods are required to hold Product Liability Insurance (PLI), which indemnifies them against compensation claims for up to £2 million. Often claims known as multi-party actions are brought on behalf of a number of people who have been injured or made ill in the same way.

Defective Products - Food

Almost everything we use on a day to day basis may be classified as a product. For legal purposes defective products are grouped into four categories: food goods, consumer goods, pharmaceutical goods and bio-mechanical products. Food may be sold in a shop or served in a restaurant despite it being contaminated and unsafe to eat. Vomiting, stomach problems and diarrohea are common symptoms of food poisoning, while contaminated food may also cause serious illnesses such as Listeria and Salmonella. Outbreaks of the E-Coli bug and Norovirus have also been routinely recorded over the past few years.

Read More About:  Defective Food Compensation Claims

Defective Products - Consumer Goods

Consumer goods covers a broad range of tangible products and services. This includes items of furniture, electrical appliances, cars, spare parts and toys. Recently a range of Chinese-made sofas were found to contain toxic substances which leaked, causing outbreaks of skin disease among customers. It has also recently been discovered that certain toys for children emit dangerously high levels of noise for younger children. Electrical appliances may lack proper instructions, leading to people electrocuting themselves or starting fires. Services such as gas and water supplies which may become contaminated are also classified as consumer goods.

Defective Products - Pharmaceutical & Bio-Medical

Pharmaceutical goods includes prescription drugs, cosmetic items and toiletries. Claimants often suffer adverse reactions to medications, or sustain chemical burns from beauty products. Contraceptives, dieting pills, nicotine products, facial creams and aspirin have all featured in recent cases. The final category is known as bio-mechanical or bio-medical products. This refers to devices which people use both internally and externally for cosmetic and medical purposes. Prosthetic limbs, pacemakers, hip replacements and breast implants all fall under this heading. Recent cases have also brought to light hazardous beauty laser treatments and contaminated blood transfusions. Both pharmaceutical goods and bio-mechanical compensation claims are regularly multi-party, and may be joined by new claimants as the case proceeds.

Legal Aspects Of Product Liability

The key piece of legislation regarding product liability is the Consumer Protection Act 1987, which incorporates the European Product Safety Directive (1985). Most importantly this imposes strict liability for injuries, illnesses and damage to property on producers and suppliers. Unlike in other areas of law a claimant will not therefore have to prove that a manufacturer or supplier was actually at fault and negligent. The very fact that the product was defective, passed on, and caused injury is sufficient for a compensation claim to succeed. The EU Directive states that faulty products are those which are 'less safe than a consumer can reasonably expect' and refers to strict liability as being a 'fair apportionment of the risks inherent in modern technological production'. Cases may also rely on the Sale of Goods Act 1979 which states that products should be of satisfactory quality and fit for their purpose for which they are intended.

Bartletts Solicitors are specialists in handling product liability compensation claims following injury or damage caused by a defective product. We operate on a no win no fee basis meaning if you win your case your legal fees are paid by the losing party to the claim, and if you lose the claim you will not pay a penny.