Product Liability Claims
A product liability claim can be made ultimately against the manufacturer of a product that has caused injury or death to an individual. The Consumer Protection Act is devised to protect consumers from faulty or defective products. It demands manufacturers, retailers and suppliers to be accountable for their products and the injury caused when used.
If a product is defective and causes injury due to negligence, under the negligence law negligence has to be proven in order for damages for a product liability claim to be accepted. The Consumer Protection Act announced legal responsibility for faulty products and enforces strict liability on those who produced defective products which caused harm.
The effect of enacting statutory liability for faulty products is greatly to eliminate the act of proving how a product became defective during the production process. What is necessary is to prove that the product in question is faulty and is the cause of an injury.
Furthermore, the Act allows for defective parts or components to be included in product liability claims if it causes an injury. A consumer is entitled to assume a product is safe to use and free from defect under the consumer law.
A product liability claim in the court would require an assessment of the product and decide if it is safe to use.
- The marketing of the product
- The instruction guide and any warnings
- The inclusion of any related quality marks
- The purpose of the product regardless of version
Legally, the liability of a defective product is taken against the manufacturer of the end product. However, if a single part of the product is defective then the producer of that part is accountable. Liability can even extend to those involved in a process or functioned further down the production chain that made a product faulty. This level of multiplicity can complicate a product liability case.
When a claim is made for a faulty product under the stringent consumer law, it is necessary to consider whether the success rate can be switched over on certain factors.
- Was the product defective to comply with another law?
- Did the defect exist at the time of purchase?
- Is the correct party being pursued or were they supplied with the defective part?
Once an expert solicitor deliberates on the circumstances and assess on the likelihood of a product liability case, the next step is to instruct for representation. The time to claim is usually three years from the date of the injury. Other conditions may apply which could allow more time to claim. Please seek advice about your own defective product liability claim.