Guidance On How To Sue For A Defective Product

Wondering how to sue for a defective product? If you’ve suffered injuries due to a faulty product, you may be entitled to compensation. A product is considered to be defective or faulty when it does not meet the expected standard of safety.

Generally, this means it is of unsatisfactory quality, is not as described, or cannot be used as intended. If you have suffered harm from a defective product, our panel of product liability solicitors could help you to claim.

Important Points

  • You could receive compensation if you were injured by a defective product.
  • This compensation covers mental and physical injuries as well as financial losses.
  • A product can be considered defective in multiple ways under the Consumer Rights Act.
  • You may not be able to claim compensation for all defective products.
  • You can claim on a No Win No Fee basis with our panel of solicitors.

Get in touch using the contact methods below to speak to an advisor and find out if you could make a defective product compensation claim.

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Frequently Asked Questions

  1. How To Sue For A Defective Product
  2. What Is A Faulty Product And Can I Make A Claim?
  3. Can I Claim If A Faulty Product Injured Me?
  4. What Compensation Can Be Awarded For Injuries Caused By Defective Products?
  5. Examples Of Defective Product Accidents
  6. What Can How To Sue Do For Me?
  7. Learn More

How To Sue For A Defective Product

To sue for a defective product, you will need to gather evidence to prove how the product was defective and how it affected you. If you have a defective product, you should keep it exactly as it is with no modifications. Additionally, retain all packaging, manuals, or extras that come with the product, as these items could be used as evidence.

Other examples of evidence include:

  • Photos and/or videos of the product.
  • Showing how the product is defective, if possible.
  • The receipt.

Additionally, invoices and financial losses proving how the defective product has impacted you are key.

If you want to know more about evidence when discovering how to sue for a defective product, our advisors are more than happy to help.

What Is A Faulty Product And Can I Make A Claim?

Under the Consumer Rights Act 2015, products must arrive as described, in satisfactory quality, and be able to be used for their intended purpose. If the defective product does not meet the criteria, it is considered faulty, and you could be eligible to claim compensation.

There are 3 main types of defect:

  • Manufacturer issues.
  • Failure to warn about any possible issues with the product.
  • Design of the product.

If you have suffered harm due to any of the above faults, please get in contact to discuss how to sue for a defective product.

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Can I Claim If A Faulty Product Injured Me?

Yes. Under the Consumer Protection Act 1987, you have the right to pursue defective product claims if the product led to death, injury, or losses in other ways.

For a faulty product compensation claim, you claim against the manufacturer of the product. This is considered to be anyone who has their name on the product or who has claimed the product via trademark or another identifying mark. 

Under the Consumer Protection Act 1987, you can also make a faulty product claim if a product was partially responsible for your injury or injuries.

What Evidence Will I Need To Prove My Defective Product Injury?

To prove how a faulty or defective product has affected you, you will need evidence such as:

  • Your medical records to show any injuries and treatment you received.
  • Photos and videos of your injury or injuries.
  • Invoices, bank statements, and receipts to show special damages (find out more about this in the section below).
  • Any communication between you and the producer of the product.
  • Any correspondence between you and the retailer where the product was purchased.

Strong evidence is important for a defective product compensation claim to show who was at fault for your injury or injuries.

For more information about evidence or about how to sue for a defective product in general, please speak to an advisor.

What Compensation Can Be Awarded For Injuries Caused By Defective Products?

For successful faulty product claims, you could be awarded compensation for your pain and suffering (general damages) and any out of pocket expenses related to this (special damages). Each defective product claim is going to be different with awards made on the claim’s individual merits.

For example, per the Judicial College Guidelines (JCG), you could receive up to £127,930 for extremely severe burns caused by a defective or faulty product. The JCG is a document containing guideline compensation payouts for injuries. However, not every consumer will suffer burns due to a faulty product. There’s a range of injuries that could be suffered. We’ve included a few in our table below.

All figures are to be used as guidance only. The first entry in the table is not from the JCG. If you don’t see the injury you suffered on the table, speak to one of our advisors who can estiamte the value of your claim. 

TYPE OF INJURYSEVERITYGUIDELINE COMPENSATION
Multiple Severe Injuries + Special Damages (medical costs, care costs etc)SevereUp to £250,000+
Body Scarring InjuriesBurns Covering 40% or More of the BodyLikely to exceed £127,930
Several Laceration Scars/One Disfiguring Scar£9,560 to £27,740
Facial Disfigurement InjuriesVery Severe£36,340 to £118,790
Less Severe£21,920 to £59,090
Eye InjuriesComplete Loss of Sight in One Eye£60,130 to £66,920
Hearing InjuriesTotal Loss of Hearing in One Ear£38,210 to £55,570
Dermatitis and Skin Condition Injuriesa) - Both hands affected with soreness and cracking. £16,770 to £23,430
Psychiatric Damage InjuriesModerate£7,150 to £23,270
Hair Damage Injuriesa) - Caused by burning, tinging, dermatitis, or eczema.£8,960 to £13,450

Defective Product Special Damages

Special damages can be awarded in addition to general damages. They cover the financial losses incurred after being injured by a faulty product. For example:

  • Medical expenses.
  • Adaptations to your home or car.
  • Taxi costs if you can no longer use public transport or drive.
  • Care costs (including at-home care).
  • Loss of income if you had to take time off work.

As mentioned earlier, you will need evidence to prove all financial losses you claim for.

Questions about how much compensation you could be awarded for defective product claims? Please use your preferred contact method to get in touch with an advisor.

Examples Of Defective Product Accidents

There are several ways defective product accidents could occur, from electric shocks to a product not working as it should, causing you injury or further harm. We’ve included some examples below.

  • A pair of straighteners that claim to automatically turn off after a certain amount of time malfunctions and causes a house fire that leads to burns and scarring.
  • A faulty product malfunctions with an extremely loud noise, leading to the customer partially losing their hearing for several months
  • A customer loses sight in one eye after a house fire caused by a faulty cooker, which also leads to scarring in and around the eyes.
  • Faulty vehicle, such as a car, motorcycle or scooter, causes injuries in a road traffic accident.
  • Power tools can malfunction causing lacerations, scarring or even amputation injuires.
  • Faulty gardening equipment can also cause injuries. For example, a sharp edge could come loose on a manual weed tool, leading to a deep cut requiring stitches.

If you suffered injury due to a faulty product in a way not mentioned here, we urge you to contact our advisors anyway. You could still have a valid compensation claim.

Person cleaning burn wound.

What Can How To Sue Do For Me?

Our panel of No Win No Fee solicitors at How To Sue will ensure your claim receives the attention it deserves. If you have suffered injury due to a lack of product safety, our panel can help in many ways, including:

  • Speaking to all involved parties, including communicating with the manufacturer or retailer of the product.
  • Setting up a taxi account.
  • Helping you to gather evidence.
  • Presenting your case clearly and concisely.
  • Assisting with court proceedings (if applicable).
  • Putting you in contact with expert specialists like physiotherapists or psychiatrists.

Moreover, you can claim using a Conditional Fee Agreement with our panel, a kind of No Win No Fee agreement. This means that legal costs such as solicitor fees and a success fee will only be paid if your claim is successful and you receive compensation. Broken down, No Win No Fee means:

  • No solicitor’s fees when the claim commences.
  • No solicitor’s fees as it progresses.
  • No solicitor’s fees if you are not awarded compensation following an unsuccessful claim.
  • You will pay a small, legally limited success fee to your solicitor if your claim succeeds. This percentage will be taken from your compensation before it is sent to you. The legal limit ensures that you keep the bulk of the compensation.

If your claim fails, you will not pay solicitor’s fees or a success fee. Because of this, claiming on a No Win No Fee basis removes some of the financial stress from the claims process.

Get In Touch With Our Advisors

It couldn’t be easier to get in touch with our team of friendly, experienced advisors and find out how to sue for a defective product. You can ask questions, receive advice, and, most importantly, discover if you have a valid product liability compensation claim. Pick a way to get in touch to begin.

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Learn More

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Now you know how to sue for a defective product, don’t hesitate to reach out and see if you’re eligible to claim compensation today.