Defective Product Claims in Devon
Accidents and injuries in Devon can often occur when consumers are using products that are commercially available. In such cases it may be possible to pursue a compensation claim for personal injury against the manufacturer. It may also be possible to bring a compensation claim against the distributor of the product or the retailer.
It used to be necessary to prove that the manufacturer was responsible for the accident, and at fault for the injury sustained, in order to pursue a personal injury claim. However under current law this has changed. You no longer need to prove negligence. You may be able to pursue your claim as a breach of contract case, or rely upon the Consumer Protection Act 1987, which imposes strict liability upon manufacturers. You may even be able to proceed with a personal injury claim if you did not buy the product yourself.
Personal injury solicitors divide Product liability claims into three main categories:-
- Design - the product may be dangerous or defective due to poor or inadequate design.
- Manufacture - the problem may have arisen in the manufacturing process, so the product does not match its usual quality or product specification.
- Warnings - adequate and sufficient warnings may not have been provided in relation to the product and its use.
It is often beneficial for accident victims to rely on a claim arising from breach of contract or breach of some statutory regulation. The majority of day-to-day products, including food, are regulated by law. It may assist the claim for compensation if it can be shown that a manufacturer, distributor or retailer has breached one of these regulations.
The law does however provide the manufacturer, retailer or supplier with a number of defences to an accident or injury claim based on defective products. The most common defences raised by lawyers for the Defendant include:-
- The Claimant being unable prove that the defect actually caused the injury.
- The goods were not defective when purchased.
- The Claimant was warned of the defect at the time of purchase.
- The Claimant was aware of the defect before the accident occurred but continued to use the product and was injured as a result.
- The goods were being used for a purpose they were not designed for.
Product liability claims can involve complex legislation and technical detail, so if you so if you think you may have a claim involving a defective product, then contact one of our specialist Devon based personal injury solicitors for a FREE assessment of your claim.