We all expect the products we buy from shops to be safe and this is a legal requirement placed on the producer, distributor or seller. However this legal requirement isn’t always upheld and there have been incidences where a product that has been used or consumed by a member of the public has caused an injury or illness which has led to consumers making personal injury compensation claims.
Product liability is ‘the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.’ Products are required to go through rigorous testing to ensure they meet regulatory standards before being sold to consumers and no company can plead ignorance to this requirement due to the wealth of information surrounding this on websites such as Business Link and the Department for Business Innovation and Skills amongst many others. If the necessary tests weren’t carried out, or the product goes on to develop defects and a member of the public is harmed then they might have a case for making a compensation claim.
Examples of cases where injuries can be sustained through products can cover a multitude of areas including food items, power tools, furniture, toys, medication, garden equipment, cosmetics and much more. If a product doesn’t have the necessary labeling on the packaging for the item then this could lead to injury. For example, if a baby toy has been labeled for the wrong age group then it could contain pieces which could harm a child. Also, if an ingredient has not been listed on a food item or a cosmetics item then if someone with an allergy consumes or applies this product then it could result in an allergic reaction which can sometimes be fatal. In other cases rogue items can be found in products which have been included by accident at the manufacturing stage or on a production line such as a shard of glass in a microwavable meal or a nail in a toy.
People can also claim personal injury compensation for physical and emotional trauma suffered due to the defective product which should also cover any financial losses experienced as a result of the incident such as days off work and medical and travel expenses. Product liability cases can be complex though as the claimant has to be able to prove that the product was the direct cause of the injury or illness. It’s important for claimants to consult the services of personal injury compensation solicitors when it comes to making product liability claims as they will be knowledgeable in the relevant legislation such as the 1987 Consumer Protection Act and understand how to develop the case and represent you for the most successful outcome.
It’s a legal requirement for companies to provide safe products for consumers and if you’ve experienced an injury or suffered an illness due to the poor design of a product, a manufacturing fault, hazardous materials in the makeup of the product, insufficient labeling on the packaging of products amongst other issues then you could be eligible to make a claim.
