Product liability claims

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.