When purchasing a brand new product one assumes it to be safe for the public use. It is expected that products sold to the public pass a number of checks and controls in order to ensure they are harmless for the end consumer. Unfortunately, it is possible for a defective and unsafe product to somehow slip through the safety checks and end up in the consumer market being sold to the public.
If you have been injured using a product that was defective (e.g. a photocopier that gave you a shock, a faulty chair that broke under your weight) we can help you bring a claim for compensation.
Our expert team will work with you to take detailed instructions, and work with you to consider all aspects of your claim and maximise the value of your claim.
We can attend you at home, if necessary, to discuss the following key points with you:
- Accident circumstances
We have successfully concluded claims, such as:
- Damages sustained from using faulty hair dye
- Defective shoes
- Falling off a broken chair in a cafe
WHAT SHOULD YOU DO IF YOU HAVE BEEN INVOLVED IN AN ACCIDENT?
For a successful defective product claim you need to prove that another person was responsible for your personal injury. In order to assist your claim and increase your prospects of being awarded compensation, you should follow the following steps:
- You should write a detailed account of what happened, including a sketch of the location.
- You should take a photograph of the defective product as soon as possible. If possible, use a camera with date/time function and place an object next to it to give it some scale, e.g. either a ruler or coin.
- You should ensure that you have the name and address of any witness.
- You should seek medical advice for your injuries as soon as possible. With some injuries (e.g. neck and shoulder injuries) the symptoms may take a few days to develop, but get medical attention as you can.
- You should keep a record of your out of pocket expenses (e.g. travel expenses, prescription charges, walking sticks, etc.) and keep any receipts.
Bear in mind that there are strict time limits to make a claim for compensation for injury by a defective product. You have three years after the day of the accident to make your claim. Contact Compensation Solicitors Online today and avoid becoming time-barred and losing your compensation.
There are a variety of funding options open to you. We will discuss these options with you in more detail and where appropriate represent you on a no win no fee basis (also known as a Conditional Fee Agreement).
We can simplify the complexity of making a defective product claim and summarise it in three steps:
ESTABLISHING LIABILITY (WHO WAS RESPONSIBLE FOR THE ACCIDENT):
The first step is to show who was at fault for the accident to take place and to what degree. This is not necessarily straightforward and sometimes contributory negligence may be found (the victim has contributed to some extent to the harm that s/he has suffered). However, this concept only plays a role in calculating the compensation value and does not affect the establishing of liability.
SHOWING CAUSATION (SHOWING THAT THE ACCIDENT CAUSED THE INJURY):
Once a degree of liability has been established, it must be demonstrated that the resulting injury has been caused by the accident, and not by a previous medical condition or another accident, for example.
CALCULATING THE QUANTUM (ESTABLISHING THE APPROPRIATE AMOUNT OF COMPENSATION):
The compensation in such cases will have the purpose of attempting to put the claimant in the position s/he has been in before the accident. It is our specialist solicitors’ job to liaise with medical and other experts in order to prepare a Schedule of Loss, setting out the solutions and costs to all problems which the claimant has or may have in the future, as a result of the accident.
Our expert solicitors have experience in achieving the best results in all the three steps of the process, thus ensuring that you get the best compensation which you deserve.
There are two parts to any compensation claim, consisting of two types of damages:
General damages are calculated as a part of the compensation based on the type of injury and are designed to compensate for pain and suffering and the impact on the claimant’s enjoyment of life.
Special damages are the more variable part of the compensation and depend on individual circumstances. The claimant may be able to recover:
- Expenses relating to the cost of living with any disability;
- Expenses to cover services provided by other people;
- Increased accommodation costs;
- Loss of earnings;
- Medical expenses;
- The cost of buying in care.
Establishing the level of special damages to be paid is a crucial part of a compensation claim. Compensation Solicitors Online have experience in compensation claims in cases of defective products.
MAKE A CLAIM
If you would like to speak directly to one of our team you can either call us on 0208 203 5031 or send us your enquiry and we will give you a call back to discuss your claim within 1 business day.
Citizens Advice Bureau
Trading Standards (Product Safety Recalls)
Consumer rights: How to protect yourself when shopping
What do I do if I have a faulty product?
Sale of Goods Act
I want to return my goods
Consumer Rights: ‘Give me my money back!’