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Product Liability: What rights do I have if the product I purchased is dangerously defective?

Realising the product you have purchased is either damaged or not working is frustrating, but we have all been there.

What may not have occurred before however, is when a defective product has caused damage, injury, or even death.

In these terrible cases, the manufacturer of the goods you purchased would hopefully take the blame for any actions caused by the product they sold. However, they could refuse any part of the blame, causing a dispute.

Product Liability

When a dispute with a business arises over a defective item, customers can look towards product liability law.

The Consumer Protection Act 1987 gives you the right to claim compensation against the producer of a defective product if it has caused death, damage, or personal injury.

Strict liability under the Consumer Protection Act means that a manufacturer of a defective product is automatically liable for any harm caused by the defect.

Claiming Compensation

If a defective product has caused injury, damage, or death, you may have a claim for compensation. This could include compensation for:

  • Personal Injury: This can cover both physical and mental harm
  • Property damage: If the defective product has caused damage to personal property, you may be able to claim for the cost of repair or replacement
  • Loss of earnings: If the injury has resulted in you being unable to work, you may be able to claim for lost earnings
  • Pain and suffering: You may be able to claim for any pain and suffering caused by the injury
  • Medical expenses: Any medical costs incurred due to the injury can be reclaimed

It is important to note that anyone who suffers injury or damage because of the defective product is entitled to make a claim, and not just the person who purchased the product.

How long do I have to make a claim?

There is a time frame for which you can claim compensation. You cannot make a claim for any defective product if more than three years has passed since the date of the incident.

Also, no claim can be made on any product that was last put into circulation over 10 years ago.

Product liability law gives consumers the comfort of knowing they can make a claim for any defective product that has caused them damages or harm. It also holds manufacturers accountable for the safety of their products.

Making a claim, however, can be a tricky process, so it is vital that you consult a legal professional to assist you with your claim.

Our expert team are ready to help you with any product liability disputes. Please contact us today for more information.

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