Product liability claims

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Chambers UK
Personal Injury

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A fundamental aspect of the law of negligence in relation to faulty product claims is that a manufacturer has a duty to protect users of its product from any defect that will foreseeably affect them.

The Consumer Protection Act 1987 strengthened the consumer's position by providing that the manufacturer, or first importer of the product into the EU, would be liable for any injury or damage to private property caused by the product without the injured consumer having to prove fault.

This law has important consequences in any case involving product related injury – perhaps from a vehicle or domestic machine. It also has considerable importance in the medical world as more and more implantable devices are used in the course of treatment, including, for instance, prosthetic limbs, pacemakers or artificial hip joints.

A defective product claim may also result in an investigation by the Health and Safety Executive or local trading standards officials.

Our experienced personal injury team have brought a wide range of claims of this type to a successful conclusion.

Recent work highlights

Injury due to a defective chair

Acting in a case where our client was given a present of a new chair but it was defective and collapsed when he first sat on it, causing him a severe back injury.

Child injured by inflatable ring

Advising in a case of an infant who suffered cuts and scarring while using an inflatable ring as a buoyancy aid in a swimming pool. The inside seam of the ring had very sharp plastic edges.

Injury from defective 'shooting stick'

Representing our client who sustained severe bruising and soft tissue damage in his spine when his new shooting stick collapsed because of a manufacturing defect when he first sat on it.

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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority under number 419867.

Penningtons Manches Cooper LLP