Product liability is the area of law which safeguards the public from products which can cause injury.
If a business supplies products to consumers, the business owners need to make sure the products are safe.
As David Brown, Chartered Legal Executive at Wake Smith explains, the main responsibility for this falls on producers, ie the manufacturer of a product. But distributors of products; shops and wholesalers etc, are also subject to some legal responsibilities.
It is an area of law which covers all manner of products ranging from consumer goods to medical equipment, such as implants and prosthetics, to white goods and electrical equipment.
The news stories about personal injuries, deaths and disfigurement caused by faulty consumer products have been widespread in recent years, and although nobody wants to suffer injury from faulty goods there are avenues for consumers to challenge manufacturers in many cases.
Some of these may be serious cases where individuals have sustained injuries including burns, respiratory problems, blistering of the skin and allergic reactions to chemicals which were used to treat furniture, a situation which became known as 'toxic sofa syndrome'.
Other cases which have hit the headlines include children suffering amputation as a result of faulty pushchairs, compensation claims for allergic reactions to hair dye products and faulty toys which have injured children. Even food poisoning can fall within this area of law.
The Government is very specific in its guidelines to manufacturers and suppliers of products, stating that: 'Particular care should be taken with high-risk products such as toys, fireworks, food and medicines.' The Government also expects manufacturers to be fully aware of the specific regulations which apply to such products.
Numerous businesses may be involved in the manufacture of one product and these can be jointly liable if a product causes injury. In supply-chain scenarios, many different manufacturers may commit components which make up one finished product and even though the majority will have played no part in the assembly of the item, they can all still be held to account under UK law.
Shops, wholesalers and other distribution businesses are generally not held liable for harm to consumers or property which is due to an unsafe product, but they will be required to identify the producer. Distributors do have certain levels of responsibility for safety and can also face enforcement action.
Wake Smith has significant experience of representing people who have been harmed by unsafe products. Court cases can begin up to three years from the date the person was injured, or three years from the date when the producer knew or could reasonably have known of the claim. In some cases, this timeframe can extended to up to ten years from the date the product was put into market circulation.
As Christmas has just passed, there will be a multitude of new products per household which have been received as gifts. If you, your family or your property have been harmed or damaged by these or any other products, please contact us to see how we can help you to seek fair compensation.
