Having bought a brand new product, the last thing you expect is it to injure you; I mean that happens to people who are ill-advisedly using old and tired equipment right? Wrong. But do not worry yourself; you are correct in your judgement, this should not be happening even though sometimes it unfortunately does. You are in a position where you can make a claim against the supplier or manufacturer of the product. Suppliers and manufacturers of consumer products have a legal obligation to ensure they are completely safe for use by the individuals who buy and use them.
Can I Make A Product Liability Claim?
If you have been injured by a product, yes the likelihood is you will be able to claim for compensation. That is if one of the following criteria is fulfilled:-
– The fault occurred during manufacture, i.e. the product’s design was correct but the company converting the design to reality did not do this correctly.
– Design fault – this is quite clearly the flipside of the coin to a manufacturing fault, the manufacturers have created the product to spec but the specification is faulty.
– No product recall was issued. If a product is found to be harmful or dangerous in any way the company must issue a product recall to prevent any more of the product being sold to consumers and to warn those who have already bought it to return the item to the store they purchased it from.
– Faulty instructions/warnings or absent instructions/warnings. Every product which requires direction to how to use it, or is potentially dangerous must provide in depth instructions to prevent the user from injuring themselves due to ignorance. If you have injured yourself because the product you have bought failed to warn you of its dangers you should be able to make a successful claim.
To make a product liability claim, you should contact a specialist injury solicitor. As with any personal injury claim you have up to three years from the accident date to enter into the claims process, however, sooner is better. Making sure you make a claim as soon as possible will not only give you the best possible chance of success, but will also prevent any other consumer suffering the way you have. The manufacturer may previously not have been aware of the error they made, your claim will bring the matter to light.
Contact Us
Call Freeman Harris today on 020 7231 7150 or fill in an online enquiry to begin your product liability claim. All initial enquires are completely free and no obligation.