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Product liability – What is it?

Call me old fashioned, but I am a great believer in reliability. I enjoy great comfort in the fact that when I return home after a hard days work, I am welcomed by the unwavering reliability my sky plus gives me from recording Eastenders on series link. I enjoy great comfort in the knowledge that a cup of tea in the morning will always put a smile on face,  and most importantly, although I recieve next to no enjoyment from it, I  feel comfortable in the complete reliability that my football team, when it really matters, will always let me down. To coin a motto from a well known DIY advertisement, I seek a quiet satisfaction in knowing that the things in my life do ‘exactly what they say on the tin’, and this applies none so more than to the plethora of merchandise existing on our very own reliable outlet stores and internet suppliers existing today.

With this in mind then, it is important to understand that if at any time you have purchased a product under the impression that it is completely safe and suitable for usage, only to find that it fails to deliver what was intially described, either in it’s operation, or more importantly it’s safety causing you hurt physically or otherwise, you have the right to do something about it. You, like me can seek great reliabilty in the knowledge that theres every opportunity for you to claim through the avenue of product liabiltiy.

When Individuals are the subject of harm brought about soley by the consequence of an unsafe product, there is a great possibility that they may have valid grounds for bringin a claim of negligence against either the manufacturer of the product or also it’s designer or seller systematically.

It is not uncommon for people to get overwhelmed and lost in the surroundings accompanying product liability; but when it is broken down it can be relatively straightforward.  There are by four common types of compensation claims which can be brought against a defending party. Firstly, a claim can be forwarded against the manufacturer providing their is sufficient evidence which shows a defect in its production. Secondly, the proposed design of the product is no doubt of great importance, and is in most circumstance one of the main reasons why we purchase the product in the first place. Because of this, it is a legal requirement for designers to ensure that thier products are free from poor design which can be misleading or dangerous to its consumers by posing a danger regardless of its nature.

If, whilst in its relatively straightforward operation, you receieve an injury from a product of which there is an absence of warning  either in it’s instruction or packaging, this can provide claimants with a sound foundation for a claim, providing the injury was reasonably foreseeable due to the inital lack of warning provided.

Finally, we’re all human, and  consequently  vulnerable to mistakes; because of this, if at any point during the manufacturing procedure a fault is highlighted in a product, a manufacturer can escape liability if they manage to recollect the defected product before its shipment. However, it is completely inexcusible from a legal perspective if a product, after full knowledge from the manufacturer of a fault or likelyhood of danger, finds its way into the hands of a consumer.

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