The law regarding nearly all personal injury claims is the law of tort. This area developed following one of the most famous cases in all of common law, Donoghue v Stevenson. The case involved a woman (the claimant) who drank ginger ale which was manufactured by the defendant. Importantly she did not purchase the drink herself, but was given it by a friend. Unfortunately the bottle contained the remains of a snail, the presence of which the woman only discovered after consuming the beverage.

The woman became physically ill and soon after sought to bring a claim against the manufacturer of the drink. However since she did not buy the product in question (and no contract was therefore in place) she was unable to prove that the manufacturer owed her a duty of care. The law of tort then developed to allow end users of products to bring actions against the manufacturers of faulty products.

In more recent times the law operates under legislation, rather than common law. The Consumer Protection Act 1987, which was passed in order to implement an EU directive, specifies that a claim can be brought in cases when the injury was caused by a product which was either faulty or unsafe. It is important to remember that as the burden of proof in civil cases is on the claimant, it is up to the person bringing the claim to prove that the product was faulty, and that the fault caused an injury. A personal injury solicitor can assist a claimant with making their claim and proving the necessary elements.

In the case of Foster v Biosil the claimant brought an action against a manufacturer of silicone implants. The claimant had a mastectomy, and later had cosmetic surgery which used the implants provided by the defendant. One of the implants burst and the other began to leak. The surgeon’s actions were considered by the court to be proper and the claimant therefore argued that the implants must have been faulty. However the defendant’s personal injury solicitors were unable to prove this point and her claim therefore failed.

With regards to dangerous products, the law states that a claimant will only be successful if it can be proven that the defendant was negligent in handling the product. In a case similar to an American case which grabbed headlines, personal injury solicitors brought an action against McDonalds on behalf of several people who suffered burns from the defendant’s coffee spilling. The personal injury solicitors had to prove that not only were the injuries a direct result of the spilled coffee, but also that the coffee containers were not properly sealed. The personal injury solicitors were unable to prove the second point and the claimed failed.

As can be seen from the examples above, it is not always straightforward to sue for personal injury caused by faulty products. It is highly advisable to obtain legal advice from a personal injury solicitor regarding the likely success of a claim before commencing legal action. A personal injury solicitor may be able to negotiate a settlement outside of the court for the claimant.

Last Updated on 29/08/2011