I was thinking the other day about product liability claims in general as we have a lot of claims for personal injury caused by products.
The official definition to say whether you have a claim for product liability is when damage, loss, and/or injuries are suffered as a result of a manufacturing or design fault or failure to inform of a defect in a product. This means that the person responsible for the retail or production of the item in question both have the responsibility of informing the consumer of any instructions on how to use the product safely and avoid danger, any restrictions there may be with regards to age, weight or height etc. to prevent this from happening. And if any defects arise, they must inform all who have purchased the products that could cause fault to try and stop anyone from coming to harm.
I’m guessing at this point you may be wondering – “well if I did have an accident that’s classed as a product liability claim, which of the above would be at fault? The manufacturer or supplier?” Well the answer to that question is both – but it could be dependent on whose responsibility it is to inform consumers of the defect that could cause harm.
A defect is classed as the lack of safety in which the product should ordinarily be supplied taking into account the nature of a product. For example if you were subjected to a collapsing chair accident and you had the chair for a significant amount of time, or were informed that this chair had restrictions with regards to weight which you broke, you probably wouldn’t be able to claim for the injuries sustained. However, if the chair in question was brand new and no information was provided in the product details provided at the time of purchase about warnings and restrictions, then you could potential have a claim.
How were you to know what you can and can’t do with the product without proper instruction?
If you do have had an accident that involves a product you have purchased, and you want to make a claim for the injuries you have sustained as a result, first things first, have you got proof of purchase? Proof could be the product receipt, or perhaps a bank or a credit card statements showing purchase of the item, or the item itself.
Taking photographs of the damaged product in question and providing as much details as possible as to how the accident happened, as well as instructions or manuals provided with the product, are useful for evidence. These items are very important when it comes to this type of claim as the Defendants will require proof that the product was purchased and/or manufactured by them.
Would you like more information or want to discuss a potential product liability claim? Feel free to give our team here at The Injury Lawyers a call on our free claims help line 0800 634 7575 for friendly and no-obligation advice.