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Making a Claim for a Defective Product

defective product claimsIf you buy a product in England / Wales, you should be covered by the Supply of Goods and Services Act that legislates that all products provided to a person must be as described, of an expected quality, fit for purpose, and should not cause you harm.

So, the huge question is – what happens if you are injured as a result of a poor product? If a product injures you due to it being defective or having some form of underlying issue, you may be covered under the act. You must prove though that the product is defective. If you are injured because a banana pops out of its skin whilst you’re peeling it, and unfortunately it hits you in the face, I’d say that’s not really a defect but an unfortunate turn of events…

However, if you buy a new toaster, you put your bread in as instructed, and it blows up, I’d say there was a potential issue. Or perhaps if you bought a new chair, sat down on it for the first time and it collapsed, there could be an underlying defect or it may not have been manufactured correctly.

It can be difficult for products that are older and used. You can understand that if something breaks before you would expect it to break, then there may be a problem. But if the chair you sat on and collapsed is 10 years old, very worn, and has snapped due to being worn, you may find it difficult to claim. Ultimately, the product may have elapsed its lifespan and become damaged over time.

Who is responsible is also another question in itself. Under the Act you can pursue the supplier of the product, which is normally the shop, but they are entitled to redirect you to the manufacturer if that’s possible to do.

You do not necessarily have a clear cut case so it is always best to seek advice from a personal injury lawyer as quickly as you can.

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