The vast majority of products on our shelves are perfectly safe: they have undergone rigorous testing and are designed to meet the highest of safety standards before they are allowed to be sold. However, some products are defective despite the need to meet these standards and sometimes they can even be dangerous.
Usually, the worst that will happen is that the product will be recalled and you’ll be able to get a refund or a replacement. Sometimes, though, a defective product can result in personal injury. If this has happened to you then you might be able to make a product liability claim for compensation.
Product Liability Claims – the need for a specialist solicitor
It is important that you use a specialist personal injury solicitor with relevant experience for product liability cases, as the process can be complicated. Laws such as the 1987 Consumer Protection Act, which helps to regulate product liability, have to be taken into account and so specialised knowledge is essential.
Product Liability Claims – proving your claim
You also need to prove that the injury or illness you have sustained was caused by the product in question, and to demonstrate that the product is defective. Sometimes this will be relatively straightforward, such as if the manufacturer has admitted fault with the product, while other times this will be more of a complex process.
Product Liability Claims – time limitation period
This is why it is so vital to seek legal advice from a personal injury solicitor as soon as you possibly can. If you are going to make a product liability claim on the grounds of personal injury, you will need to do so within 3 years of sustaining or becoming aware of the injury.
Product Liability Claims – common causes
Product liability claims cover a wide range of situations and types of product. Examples of products that have been known to lead to personal injury claims in the past include:
• Power tools
• Children’s toys
• Medical products such as faulty contact lens solution or faulty hip replacement implants
Sometimes product liability claims arise because of a defect within a large number or a batch of a manufacturer’s products. Other times product defects are limited to single products that, for whatever reason, fail to meet the standards set by other products from the same manufacturer.
The scandal following the withdrawal of faulty Depuy ASR hip replacement joints worldwide shows exactly how serious faulty medical products can be – many tens of thousands of people worldwide have been affected – many of the victims of quite unnecessary pain and suffering, and many will require a second operation to fit a hip replacement joint that works properly – and will be entitled to claim for hip replacement compensation.
Product Liability Claims? Don’t delay – Contact us today
If you’re thinking of making a claim about faulty product, don’t delay – make sure that you get advice today or you will risk losing your entitlement to the compensation you deserve.
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