DEFECTIVE PRODUCT CLAIM
PRODUCT LIABILITY COMPENSATION

A defective product claim arises when a manufactured item is faulty usually as a result of an inadequate manufacturing processes or as a result of poor design. All manufactured goods potentially fall into this category if they are faulty and cause personal injury in normal usage when being employed in the way that was intended however the broad categories of most actual product liability compensation claims include consumer goods, food products, bio-medical devices and general manufactured goods.

The modern development of the law relating to product liability compensation started in 1932 following judgement in the defective product claim of Donahue v Stevenson. In that case a woman suffered food poisoning as a result of drinking a bottle of lemonade that had been bought by her friend. The court indicated that even though there was no contractual relationship between her and the shopkeeper who sold the drink to her friend she would never the less succeed in a claim for damages.

It is now considerably easier to make a successful defective product claim than it was prior to enactment in England and Wales of the Consumer Protection Act 1987 with similar statutory provision in Scotland and Northern Ireland. A successful action for product liability compensation no longer requires proof that the manufacturer or processor was at fault or was negligent. It is now only necessary to prove harm and the victim will be entitled to receive an award of damages whether or not the victim purchased the goods or used a product that had been bought by someone else.

A defective product claim almost always arises as a result of four categories and in each and every case a victim who suffers harm is entitled to claim product liability compensation

1. defective design - inherent danger due to poor design
2. faulty manufacture - usually due to lack of effective quality control
3. negligent surveillance – failure to warn when defects are discovered after sale
4. inadequate warnings – insufficient instructions provided on normal usage

Legislation, common law and case law are now in accord in the definition of substandard goods which are those manufactured or processed items that are below the standards of safety that consumers are entitled to expect. This definition does not however cover goods of mere poor quality and it should be noted that newer and safer versions of consumer products do not automatically make older versions of the same product unsafe.

Our solicitors are all members of the Law Society panel of personal injury experts and are all members of the Association of Personal Injury Lawyers. We deal with these matters on a no win no fee basis and we pay compensation in full with no deductions. Our claims are completely risk free and, win or lose there is no charge. In some cases will be able to start group legal actions or class actions or multi party actions on behalf of numerous clients or potential clients who have suffered a similar injury as a result of a problem with the same product.