Personal Injury Solicitors – Injuries from Defective Products
Whether it’s electronics, toys, food, medicines or even the cars we drive, we expect the products we buy to meet certain standards. If manufacturers have tested their products rigorously, then items are safe to use. Too often the products we buy can result in an injury and sometimes even serious injury.
When a product is sold to a buyer, and the product is defective such that the buyer sustains an injury, the buyer should first consider whether a claim is brought under the purchase agreement in contract law. The Consumer Rights Act 2015 lays down standards of satisfactory quality in respect of sales made in the cause of business. The safety of a product is one factor the court can take into account in deciding whether a product is of satisfactory quality.
What if the person who is injured did not buy the product himself? In that case, probably no contractual claim will be available. A claim can be brought under the general law of negligence against a repairer, installer, manufacturer, retailer, importer and distributor. It is necessary to prove that an injury is foreseeable, and the steps which a reasonable person would take to avoid the injury occurring.
Common Injuries from Defective Products
Most common injuries from defective products
Here are some of the most common injuries from defective products:
- A broken arm or ankle caused by falling off a defective ladder
- Poisoning caused by contaminated food bought in a shop
- Burns caused by electrical goods breaking or catching fire
- Rash or scarring caused by contaminated cosmetics.
- Injury caused by a chair that broke beneath your weight
Reasons for a faulty product
Reasons for a faulty product could be:
- A manufacturer failing to recall a product it knows is faulty
- Poor product design
- Contamination during manufacturing
- Failure to display sufficient warning on a product.
Some services can also be classed under defective products. One example would be if you are injured by a service provider such as a massage therapist or hairdresser, you could look to make a claim for compensation for an injury due to a defective product.
Under the Consumer Protection Act 1987
The Consumer Protection Act 1987 states that where any damage, including injury, is caused by a defect in a product, the producer, the person who applies for his trademark and holds himself out as being the producer, and the importer into the EC are liable for the damage. A supplier is liable too if the injured requires the supplier to provide information as to the producer and/or importer and he fails to do so within a reasonable period.
A defect exists where the safety of a product is not such as persons generally are entitled to expect. The Act also provides certain statutory defences available to resist a claim.
