PRODUCT LIABILITY LAW

Our specialist personal injury solicitors offer free legal advice on product liability law. Our lawyers use the no win no fee scheme and we do not ask for any financial contribution from you as the case proceeds. Claims are completely risk fee and you will not have to pay for any expenses, medical reports or insurance policies. Compensation is paid in full with absolutely no deductions. Win or lose there is no charge.

SOLICITORS HELPLINE 0845 009 2017

Statutes & Legislation

United Kingdom product liability law exists with the intention of safeguarding consumers and outlines the responsibility of manufacturers to consumers. The following legislation applies to any defective goods that do not reach a reasonable level of safety which were first supplied after March 1st 1988 :-

• Northern Ireland
  The Product Liability (Amendment) Act (Northern Ireland) 2001
• Scotland
  The Consumer Protection Act 1987 (Modification) (Scotland) Order 2001 (Statutory Instrument 2001 No. 265)
• England & Wales
  The Consumer Protection Act 1987 (Modification) Order 2000 (Statutory Instrument 2000 No. 2771)

SOLICITORS HELPLINE 0845 009 2017

Producers, Processors and Own Branders

UK product liability law allows legal action to be taken against the “producer” (manufacturer) of goods (or against a person who obtains raw materials). A “processor” who alters the goods is also defined as a “producer”, but those who merely package goods without altering them are not classified as a “producer”. Importers into the EC or UK are in a separate category and they also have liability. If an “own brander” who merely re-packages, refuses to disclose the identity of the producer or importer when requested to do so by an injured party, then the own brander will be liable.

SOLICITORS HELPLINE 0845 009 2017

Definition

Product liability law defines a defective product as existing when the safety is below that which consumers are entitled to expect (poor quality does not necessarily mean defective). This description has been deliberately left vague to catch as many defects as is possible and it leaves little room to defend an allegation. When attempting to prove that goods are defective, the person claiming compensation must be able to show, on the balance of probability, that the defect caused the injury or damage.

SOLICITORS HELPLINE 0845 009 2017

Compensation Claim Time Limits

The Limitation Act 1980 applies and the claim must either be settled or proceedings must have been issued in a Court of Law within three years of the personal injury however a claim will also fail if ten years have elapsed since the goods were supplied.

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Defences

Manufacturers, producers and importers are allowed a number of potential defences under current product liability law as follows :-

• goods were stolen or counterfeit copies
• technical knowledge at the time of supply was inadequate to discover the defect
• defect was the inevitable result of compliance with a regulation
• defect was caused by a retailer
• goods were not supplied in the course of a business
• producer of a "component" will escape liability if the defect was due either to the design or to defective specifications given to the producer

SOLICITORS HELPLINE 0845 009 2017

Personal Injury Solicitors

If you have been injured you may be able to make a claim for compensation. For free legal advice, either use the helpline or complete the contact form and a solicitor who is a member of the Solicitors Regulation Authority panel of personal injury experts will contact you and will provide a free, no obligation consultation on the phone. If, after speaking with us, you choose not to pursue legal action, you are under no obligation to proceed.