Accidents caused by defective products and property
Defective products and poorly constructed or maintained property can lead to accidents, injuries and illness. From ingesting part of a contaminated food product to tripping on broken flooring in a building, accidents caused by defective products and property can be common. If you have suffered from injuries as a result of such an accident, you may be entitled to compensation.
At Jordans, our specialist personal injury team work to secure the best settlement for you and your family. They will ensure you receive the property and defective product compensation you deserve and also secure access to medical care required, future ongoing support and rehabilitation – where necessary. All of these often require payment from the Defendants upfront before your claim is concluded (interim payments) which our specialist team at Jordans are able to secure for you.
Defective products and property law
The Consumer Protection Act 1987 and Defective Premises Act 1972 cover all consumers and tenants of premises against injuries suffered as a result of defects. When a product is defective and causes injury, the effects can be devastating. Products must be safe for use and fit for purpose. The law tends to be on the side of the consumer, so that when making defective product claims, it is not always necessary to prove that the manufacturer was negligent in order to be successful. This is known as strict liability.
You usually have three years from the date of an accident in order to issue Court proceedings. However, there are various stages that should be gone through before proceedings are issued. It is therefore important that if you have suffered injury as a result of defective premises or defective products that you do seek advice promptly. In certain circumstances, such as where the injured person is a child or is incapable of managing their own affairs the three year timescale may be longer. However, it is important that you seek advice promptly.
Common faulty product claims
There are various circumstances which can be categorised as a defective product claim such as:
- Food poisoning from a contaminated food product
- Breaking a bone falling off a faulty ladder
- Burns from an electronic item getting too hot or setting alight
- Scarring due to contaminated cosmetics
Often these defects can be caused by a lack of testing during the design and manufacturing process which can lead to contamination, unsafe designs and unsafe package alongside a failure to recall products where a manufacturer knows or is aware of potential faults.
What if it didn’t cause an injury?
Even if you have purchased a defective product and it doesn’t not cause damage or injury, you have every right to return it to the shop where it was bought. This is covered by the Consumer Rights Act 2015. You can request a refund or replacement but will not be able to claim compensation if the defective item has not caused an injury.
Who is liable for defective product claims?
The majority of defective product claims are brought against the manufacturing company. They are responsible for the design, production and testing, so if there is an issue often responsibility rests with them. Just because a product has terms and conditions, it does not exempt them from all responsibility.
There may be instances when the shop where a product was purchased can also be responsible for accidents caused by faulty or defective products. Contact one of our expert personal injury lawyers today, who will assess your case and suggest the best course of action.
Claims against defective premises
Being injured in a rented property due to the negligence of the landlord or letting agent can mean you may be entitled to compensation under defective premises legislation. The landlord or property owner will usually be liable for any injuries sustained due to defective property where they knew or ought to have known that the defect was there and they failed to rectify it. It is important to note that there is no duty on landlords to inspect properties but there is a duty to maintain, therefore it is important that if you have a defect in your property, that you do make your landlord aware of it in order that that they can rectify the problem. Where they do not rectify it and you suffer injury you may be able to claim.
Common injuries relating to defective premises can include:
- Tripping on broken flooring
- Breaking a bone by being hit by loose mortar
- Electrocution due to faulty wiring
How much defective product or property compensation could I receive?
The amount of compensation for injuries suffered as a result of defective premises or products depends on various factors including the following:
- Loss of earnings due to time off work
- Any medical and travel expenses related to the injuries
- Current and future care and support requirements
- The requirement for modifications to your home as a result of injuries
Contact Jordans about your defective product or property claim
If you have suffered an injury caused by a defective product or property, contact our team of specialist personal injury lawyers to discuss your claim. They are committed to excellence and achieving the best possible outcome for you and your family.
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