Product Liability FAQs

Product Liability FAQs

What is a product liability claim?

A product liability claim is a legal claim for compensation when a defective or unsafe product causes injury. Claims may arise from faulty design, manufacturing defects or inadequate safety warnings and instructions.

Can I claim compensation for an injury caused by a faulty product?

You may be able to claim if a defective or unsafe product caused your injury and there is a legal basis for holding someone responsible. Each case depends on the individual circumstances and the available evidence.

Who is responsible for a defective product injury?

Responsibility may lie with the manufacturer, importer or another party involved in supplying the product. Identifying the correct party is an important part of pursuing a product liability claim.

What types of products can I claim for?

Claims can involve many types of products including electrical appliances, household goods, cosmetics, toys, tools, machinery and medical products. The key question is whether a defect or safety issue caused an injury.

What evidence do I need to make a product liability claim?

The product itself is the most useful evidence, perhaps photographs of the defect and your injuries, proof of purchase, your medical records and details of what happened.

Can I claim if I no longer have the faulty product?

Keeping the product can help to establish what went wrong but not having it does not automatically prevent a claim. Photographs, receipts, medical evidence and other records may still help to support your case.

How long do I have to make a product liability claim?

Strict time limits can apply, although the starting date and exceptions do depend on the circumstances. We recommend seeking legal advice as soon as possible to clarify this.

How much compensation can I claim for a faulty product injury?

The compensation amount depends on the nature and severity of the injury, its impact on your daily life and any financial losses. Depending on the specifics of the case it may also include compensation for pain and suffering, lost earnings, treatment costs and other related expenses.

Can I make a claim if I bought the product online?

Yes, potentially. Buying a product online does not automatically prevent you from making a claim, this will depend on the circumstances of your case including who manufactured, imported or supplied the product.

Can I claim if the manufacturer has gone out of business?

Another responsible party may be identifiable. A solicitor can investigate the supply chain and assess whether a viable claim can be pursued.

How long does a product liability claim take?

The timescale depends on the complexity of the case, the medical evidence required and whether liability is disputed. Some claims settle quickly while others take considerably longer.

Will I have to go to court?

Not necessarily. Many personal injury claims settle without a court hearing; however, court proceedings may be needed if liability or the amount of compensation cannot be agreed. A solicitor may be able to represent you without you having to attend in person, whereby they deal with the other party’s insurer and negotiate on your behalf. If your attendance is required, a solicitor will be able to explain why and guide you through what to expect.

Can I claim if the faulty product injured my child?

If a defective product caused your child’s injury and the legal requirements are met, a claim may be possible. A parent or other appropriate representative can generally act on a child’s behalf, subject to applicable rules.

I wasn’t injured as such; I had an allergic reaction to a product I had used. Can I still claim?

Yes, potentially. Claims involving cosmetics, cleaning products or other substances may lead to a claim if a defect, unsafe formulation or inadequate warning caused the allergic reaction. Medical evidence will be important in a claim such as this.

Why should I choose Russell Worth solicitors for my product liability claim?

At Russell Worth solicitors, personal injury is our specialism. We have helped injured people pursue claims for many years, building experience across a wide range of accident and injury cases. Establishing what went wrong, identifying who may be legally responsible and obtaining the evidence needed to support a claim all require careful consideration. We bring our personal injury experience to that process, looking at the circumstances of your injury and the potential routes to compensation.

Will contacting your firm commit me to making a claim?

No. An initial enquiry is an opportunity for us to find out what happened and whether there is a claim to investigate. If further investigation is appropriate, we can explain the proposed approach and the terms on which we could act. All of this does not mean that you have to go ahead, that decision is yours and yours alone.