Product Liability and Personal Injury Compensation Claims in the UK

Products Liability is generally considered a strict liability offence. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.

PRODUCT LIABILITY - FAULTY GOODS

These are cases arising out of a situation where products are defective and cause injury as a result of the defect. If you have been injured as a result of purchasing a standard consumer product which is defective, then you may be able to claim compensation from the manufacturer/supplier as well as individuals/companies through whom the goods may have passed.

Defective household products can result in serious injuries, or even death. Defective household products that injure consumers may result in a product liability claim.

One of the most common terms to arise in product liability litigation is " defect". In the eyes of the law this term has a broader meaning than one might expect. The law considers any product which is unreasonably dangerous for its intended use to be defective. In considering this definition, it is important to remember that the term "unreasonably" dangerous is crucial to the meaning of the term "defective". Thus, a product may be inherently dangerous but have such utility that the danger is one which would not be considered "unreasonable".

Manufacturers are almost always covered by insurance and claims for damages usually fall into four categories:-

Defective Design means that an item is inherently dangerous because of inadequate design.

Defective Manufacture generally occurs because of a quality control failure ensuring that the item does not achieve the required specification.

Defective Warnings do not accurately reflect the dangers associated with the item or adequate warnings may have been minimized by the salesman.

Negligent Surveillance occurs when a manufacturer does not properly warn consumers about an items subsequently discovered lack of safety.