Every day, millions of people across the UK buy consumer goods, from luxury items to household appliances. Those who make these purchases expect the goods to work as intended, but what happens when they don’t?
In this guide, we’ll talk about how to make a defective product claim for a faulty product and/or a defective product that has caused an injury (personal injury claim). Our guide covers the two legislations that protect consumers in the UK, and how these set out the criteria for valid claims.
Then, we’ll talk about how you could sustain an injury from a faulty product, and answer some frequently asked questions. These include how long you have to start a claim, and how much compensation you could receive if your case succeeds.
Finally, our guide touches on the topic of solicitors. Making a claim can seem daunting, but with the help of one of our panel’s specialists, it can seem much more manageable.
Contact Us
If you want to learn more about claiming compensation, or if you’re ready to get started, contact our team of advisors today by:
- Calling us on 0800 408 7827
- Contacting us online
- Using the live chat feature
Browse Our Guide
- What Is A Defective Product Claim?
- What Injuries Could Be Caused By Faulty Products?
- How Do I Make A Defective Product Claim?
- What Is The Time Limit For Defective Product Claims?
- How Much Compensation For An Injury Caused By A Defective Product?
- Make A Defective Product Compensation Claim On A No Win No Fee Basis
- Read More About How To Make A Personal Injury Claim
What Is A Defective Product Claim?
You have a legal right to take action if you buy a defective product, or if you’re injured by a defective product. Your rights are outlined by two main pieces of legislation, which include the:
- Consumer Rights Act 2015: Goods must be deemed to meet a satisfactory standard by any reasonable person, as per Section 9 of the Consumer Rights Act.
- Consumer Protection Act 1987: This piece of legislation outlines your right to pursue compensation if a defective product causes you harm.
You don’t need to have bought the item yourself to make a personal injury claim; you just need to be able to prove that it was defective, and that this caused you harm.
To find out if you could be eligible to claim compensation, get in touch with our helpful team today. Or, keep reading to learn more about making a defective product claim.
What Injuries Could Be Caused By Faulty Products?
So, what kinds of injuries could a faulty product cause? Some examples can include:
- If a defective hairdryer caught fire, this could cause a house fire and severe injuries. For example, this could include severe burns and scalds, as well as facial scarring.
- Faulty medical devices also fall under the umbrella of consumer goods. For example, if you were fitted with a faulty pacemaker, this could cause you to go into cardiac arrest.
- An electric scooter with a faulty battery causes a house fire. This can have a number of serious consequences, including head injuries, back injuries, and amputations.
These are only a few examples of the injuries that could be caused by faulty goods. If you would like to start your defective product claim, get in touch with our team today.
How Do I Make A Defective Product Claim?
There are a number of steps involved in making a defective product claim, but one of the most important steps is collecting evidence. When you make any kind of claim, be it for faulty goods or a personal injury, the onus is on you to prove that the product was defective, and this caused your injuries.
Some examples of evidence that you could use to support your claim include:
- The defective product, including the actual product or photographs or videos of it
- Packaging and instructions that came with the product
- Medical records that show how severe your injuries are
- If there was a fire, you can request a copy of the fire investigation report
- A receipt or bank statement that shows proof of purchase
If you choose to make a claim with the help of a solicitor, they can pursue other avenues of evidence. For example, they may be able to take statements from witnesses.
To find out more about how a solicitor could help you make a defective product claim, contact our team today.
What Is The Time Limit For Defective Product Claims?
The time limit for making a defective product claim that caused mental or physical harm is three years. The Limitation Act 1980 sets out this personal injury claim time limit, and states that it starts on either:
- The date of the injury: For example, if a protruding screw in a sofa cause a laceration on your leg, the time limit would start on the date you were injured
- The date you connect your injuries with the faulty product: For example, if you were injured in a house fire, and four weeks later found out in a report from the fire service that it was caused by a fault in your washing machine. In this case, the time limit would start on the date the report was released.
There are some exceptions to the time limit. Contact our team today to learn more about these exceptions, and find out if you could claim compensation.
How Much Compensation For An Injury Caused By A Defective Product?
When you successfully claim for a personal injury caused by a defective product, you will receive general damages. This is the first of two potential heads of claim, and it covers the pain and suffering you’ve endured as a result of your injuries.
General damages also covers loss of amenity. This means the affect it has had on your quality of life; for example, if your hand was amputated due to extensive burns, then you may be unable to enjoy your previous hobbies.
When this head of claim is calculated, solicitors and other professionals might use the Judicial College Guidelines (JCG) for reference. This is because the JCG has a collection of guideline compensation brackets for different injuries and illnesses.
Below, you can find some examples of these brackets. Please note that the first entry hasn’t been taken from the JCG.
| Injuries | Compensation |
|---|---|
| Multiple Severe Injuries + Special Damages | Up to £1,000,000+ |
| Total Blindness | In the region of £327,940 |
| Total Loss of One Eye | £66,920 to £80,210 |
| Moderate Brain Damage (i) | £183,190 to £267,340 |
| Loss of One Arm (iii) | £117,360 to £133,810 |
| Less Severe Arm Injury | £23,430 to £47,810 |
| Total or Effective Loss of One Hand | £117,360 to £133,810 |
| Burns Covering 40% or More of the Body | Likely to exceed £127,930 |
| Less Severe Facial Scarring | £21,920 to £59,090 |
| Significant Facial Scarring | £11,120 to £36,720 |
You can also claim for special damages. These cover the financial losses caused by your injuries, which could include the cost of:
- Lost earnings
- Childcare
- Prescriptions
- Medical expenses
- Travel
- Home adjustments
- Prosthetics
- Cosmetic aids
For more information on the kinds of compensation you could receive from a successful defective product claim, contact our team of advisors today.
Make A Defective Product Compensation Claim On A No Win No Fee Basis
Our panel of solicitors work on a No Win No Fee basis. There are a few different kinds of No Win No Fee arrangements, but our panel use Conditional Fee Agreements (CFA) to help their clients. This means you can access their specialist services without paying any fees:
- Upfront
- As the claim proceeds
- At all, if the claim fails
If you make a successful defective product claim, then your solicitor will take a legally-capped portion of your compensation. This is known as a success fee.
Working with a solicitor comes with many benefits, and a solicitor from our panel could help you:
- Negotiate a settlement covering all of your losses
- File your claim within the time limit
- Better understand legal terminology and technical jargon
- Support your claim with evidence
- Understand each step of the process
Contact Us
Find out more about how one of the expert solicitors on our panel could help you by:
- Calling us on 0800 408 7827
- Contacting us online
- Using the live chat feature
Read More About How To Make A Personal Injury Claim
For more information on making a personal injury claim:
- Find out how to make a head injury at work claim
- Learn how to claim toe injury compensation
- Get help with how to sue a takeaway
Or, for further resources:
- Get the latest information on product recalls and safety notices from the Chartered Trading Standards Institute (CTSI)
- Learn when to call 999 from the NHS
- Get advice on claiming Statutory Sick Pay (SSP)
Thank you for reading our guide on how to make a defective product claim.