An Introduction To Product Liability Claims
Product liability claims are an increasing aspect of modern life. We are now a country of eager buyers of all things from electrical goods and machinery to makeup products and apparel and while we anticipate these items to arrive with us in good condition and carry out their tasks properly this might not always be the case.
You will find occasions when some goods might be defective or damaged and for that reason they result in significant personal injury to people. For this reason there exists a requirement for a strict product liability legislation to be in place which facilitates any resulting product liability claims.
Since 1987 this has been the case. The Consumer Protection Act of 1987, which incorporates the European Product Safety Directive, was brought in to improve the procedure for pursuing product liability claims much less complicated.
Those which offer for sale services or products to buyers from a base within the European Union are required to adhere to this particular Act by public liability law.
Under this Act, consumers are able to make product liability claims against a producer of a product which might be proven to have caused you personal injury. This injury might include anything at all from burn injuries caused by defective Xmas tree lighting, facial skin damage following usage of contaminated face cream or salmonella through eating factory produced confectionary.
There are 4 main types of compensation claim that may be made within the current product liability law:
- Manufacturing: contamination happens through the production process
- Design: an item is badly designed and presents a hazard
- Warnings: a producer does not display alerts on a dangerous item
- Failure to recall: a manufacturer detects fault with a product however does not recall the item
Product Liability Claims – Have I Got A Case?
With each and every product being open to product liability claims within the Consumer Protection Act of 1987, accidental injury compensation claims for just about any of the previously mentioned causes made by buyers with robust cases could possibly be successful. Make contact with Find A Legal Solution for free impartial advice on your particular circumstances.
Product Liability Claims – Burden Of Proof…
In the past to be able to claim compensation it had been necessary to demonstrate that it was the manufacturers liability and that they had been at fault. However the present legislation eliminates the requirement to prove negligence. Current product liability law permits anybody harmed to make a claim regardless of whether or not the defective goods were distributed directly to them. Food is also now included in the legislation. The main legislation addressing this particular subject matter will be found in separate Acts covering the whole of the UK:
- England and Wales- the Consumer Protection Act 1987 (Modification) Order 2000 (Statutory Instrument 2000 No. 2771)
- Scotland- the Consumer Protection Act 1987 (Modification) (Scotland) Order 2001 (Statutory Instrument 2001 No. 265)
- Northern Ireland- the Product Liability (Amendment) Act (Northern Ireland) 2001
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For the most advantageous outcome, it is best to engage the services of representatives who are specialist, independent lawyers who can maximise the potential in product liability claims.