Defective Product Injury Claims

What is a defective product claim?

A defective product claim may involve everyday household items, faulty electrical appliances, children’s toys, cosmetic products, industrial tools, workplace equipment, car parts or medical devices. Responsibility may sit with a manufacturer, importer, distributor, retailer or another business in the supply chain, depending on how the product was designed, made, labelled, supplied or marketed.

Types of defective product claims

Product liability claims often arise because of one or more of the following issues:

1. Design defects

A design defect may exist where the product’s design makes it unsafe when used as intended, or in a reasonably foreseeable way. Even if every item was manufactured correctly, the product may still present an avoidable risk because a safer and practical design could have been used.

1. Manufacturing defects

A manufacturing defect can happen when a product, or a batch of products, is not made in line with the intended design or specification. This may involve poor-quality materials, contamination, faulty assembly, inadequate testing or failures in quality control.

1. Failure to warn or provide proper instructions

A product may also be defective if the warnings, instructions, labelling or safety information were inadequate. This can include failing to explain known risks, omitting essential instructions for safe use, or marketing a product in a way that exposes people to avoidable danger.

Examples of defective products that can cause injury

• Faulty electrical appliances
• Unsafe children’s toys
• Defective medical devices
• Dangerous machinery or tools
• Automotive defects (e.g. faulty brakes or airbags)

Defective products can cause serious injuries and, in some cases, may lead to large-scale product recalls. One well-known example involved Takata airbags, which were recalled because the airbag inflator could rupture during deployment and send metal fragments into the vehicle, causing serious or fatal injuries.

Can I make a defective product compensation claim?

Product liability claims can be complex, and it is important to get specialist advice as early as possible. The evidence needed will depend on the product, the injury and the circumstances in which the harm occurred.

To bring a successful claim, you will usually need to show that:

• the product was defective or unsafe;
• you suffered an injury or other recognised harm; and
• the defect caused, or materially contributed to, that harm.

Showing that the product was defective

This is often the most difficult part of a defective product injury claim. A product may be considered defective if its safety was not what people were generally entitled to expect. This means looking at how the product was presented, how it was expected to be used, any warnings or instructions provided, and what was known about the risk at the relevant time.

Showing that you suffered harm

You will also need evidence of the injury or harm caused. This may include a new injury, a worsening of an existing condition, psychological injury, treatment costs, loss of earnings, care needs or the impact the injury has had on your day-to-day life.

Showing that the defect caused the injury

It must be shown that the defect caused the injury, rather than the harm being due to an unrelated factor. This usually involves gathering evidence about the product, how it was used, what went wrong, medical evidence about the injury and expert evidence where needed.

Time limits for product liability claims

There are strict time limits for bringing a defective product claim. In many product liability cases, the time limit is three years from the date the injury was caused or, in some circumstances, from the date you first knew that your injury may have been linked to the product.

There is also a 10-year long stop period under the Consumer Protection Act 1987. This usually runs from the date the product was supplied by the defendant. Because limitation can be complicated, it is important to speak to a specialist solicitor as soon as possible if you think you may have a claim.

Common defences in defective product claims

Every defective product claim turns on its own facts. However, defendants may raise a number of arguments in response to a claim.

These may include arguing that:

1. That the defect is only present because it was required in order to comply with a legal obligation;
2. That the Defendant did not supply the product to another;
3. That the defect did not exist in the product at the time it was supplied to another;