Sunday 2 October 2011

Product Liability Claims - What You Need to Know

Article by
Kevin Timms
Product Liability Claims
You are entitled to bring a claim against the manufacturer of a faulty product where that product has caused you personal injury or damaged your property. This covers all products from general household goods and toys to medical devices, such as hip implants and PIP breast implants.

Product Liability – The Law
In the modern era of consumer purchase from easy access to shops and online products, as consumers, you are entitled to expect a certain standard of safety. Where a defective product falls below this it can cause damage to you or your property.

Claims can be made where damage occurs as a result of (1) contamination during the manufacturing process (2) a poorly designed product (3) no warnings (4) failing to recall a product.

Making a Product Liability Claim
You should not feel guilty about making a product liability claim. Most product manufacturers and suppliers are insured.

All product manufacturers and suppliers are obliged to ensure that their product is safe for use by a consumer. This covers many areas including: (1) medical devices (2) pharmaceutical goods (3) consumer goods  (4) food goods.

Medical Devices
Scientific advances have saved countless lives, however, medical devices are not as heavily regulated as drugs, for example, and it is therefore inevitable that some defective products are brought to market.

Where an implanted medical device is defective and causes you harm you may be entitled to make a product liability claim. 

As a medical device is a foreign body, if it causes you harm, that harm is likely to be extensive and can affect many aspects of your life, such as work, home and family life.

Making a product liability claim aims to put you in as close a position you would have been in if you had not suffered personal injuries as a result of the defect in the medical device. This is achieved through compensation.

Medical devices which have recently been the subject of product liability claims are hip implants, breast implants, heart valves and pacemakers.

Pharmaceutical Goods

Though the pharmaceutical industry is heavily regulated, there are still some over the counter and prescribed drugs which are provided in good faith but have side effects causing injuries to those who take them. If this has happened to you, you can make a product liability claim.

Consumer Goods
You will come into contact with consumer goods every single day. As you are entitled to expect a certain standard of safety the chances are you will not think about how the product is harmful.

You may be harmed by an electrical item, children’s toy or your garden chair may break underneath you whilst enjoying a glass of wine on a nice summer’s evening. Should this happen you may be able to make a product liability claim.

Food Goods
Yes, food goods are still products and they can still cause you harm. You may be harmed as a result of food contamination or the wrong package having been supplied eg nut products without warning.

Costs to you

If you do not have legal expense insurance we will conduct your product liability claim on a No Win No Fee agreement – you get 100% of your award!

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