Making a product liability claim follows the same process as making any other personal injury compensation claim. Firstly, you must have been injured because of someone else’s negligence. If a product is faulty and has injured you in some way, then you may have a claim if it can be shown that the fault was due to negligence.
A defective product liability claim can arise from many different injuries caused by many different products. For an obvious example, a burn from a faulty electrical good which caught on fire. Less obvious examples include injuries or illness from faulty drug products, or even illness caused by defective blood products. For example, if you have caught hepatitis C from a blood transfusion.
A product will be found defective by the court if it does not reach reasonable levels of safety or if the instructions did not explain how to use the product correctly. In addition, it can be found defective if it does not perform the job in the way advertised.
If you have been injured by a faulty product and think you may have a claim for compensation, you are advised to speak to a personal injury solicitor. They will assess your injuries and the circumstances in which they occurred to see if you have a viable claim.
They will look at your medical records and the product itself. Therefore you should keep any evidence you have of the defective product, and you should also keep a record of your symptoms. It’s also advisable to keep a record of any expenses or losses you’ve incurred as a result of your injury, as you will be able to claim compensation for these as well as your pain and suffering.
If you did not buy the product that injured you, you can still claim personal injury compensation from the negligent party. The negligent party will either be the manufacturer, supplier, importer, or company that sold it under their own brand.
Personal injury claims can be made within three years of the injury occurring, therefore it’s a good idea to speak to a personal injury solicitor sooner rather than later. However, if the cause of your illness or injury has been unknown, you have three years from the date of diagnosis to make your claim for compensation.
- Last Updated on 04/10/2011
