THE CONSUMER PROTECTION ACT 1987
The Consumer Protection Act 1987 creates strict liability for personal injury caused by defective pharmaceutical products, bio-mechanical devices and general medical equipment throughout the United Kingdom which means that it is not necessary to prove negligence in order to claim compensation. Legal action can be taken against the manufacturer, self branders and importers from countries outside the EC. It is important to say that The Consumer Protection Act 1987 re-enforces previous law and is just another remedy for justice in addition to actions for negligence under the existing common law.
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General Product Safety Regulations 1994
The Consumer Protection Act 1987 is amended by the General Product Safety Regulations 1994 by widening its scope and placing a general duty on all suppliers of all consumer goods to supply products that are safe in normal or reasonably foreseeable use.
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Fit for the Purpose & Merchantable Quality
In addition to the The Consumer Protection Act 1987 and its subsequent amendments, most of the pre-existing consumer protection law also still applies and legal action can be taken if goods purchased are not of ‘satisfactory quality' or are not 'as described' by the seller. In addition goods must be fit for the purpose for which they were sold and must have adequate safety.
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Jurisduction
The term ‘jurisdiction’ in a legal sense relates to where legal action should be commenced. If a drug is designed in the USA, manufactured in Japan and distributed in the UK there will be questions as to which country is the best in which to start legal proceedings for compensation. These issues are extremely complex and depend on the laws of each individual country. Jurisdictional issues are complex legal matters best left to specialist lawyers who also have to contend with time limitation issues which are usually different for each country.
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Personal Injury Solicitors
A medical product liability claim is in a niche area of law that requires more than just general claims experience. Whilst our lawyers are all members of the Solicitors Regulation Authority panel of personal injury experts and are also members of the Association of Personal Injury Lawyers, they are also qualified to deal with a medical product liability claim by virtue of the experience they bring with them, having handled complex, high value and high profile cases including multi-party actions against some of the worlds largest multinational corporations. If you would like free advice from a medical product liability solicitor just complete the contact form or use the helpline and a solicitor will speak to you with no further obligation.
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