We expect any products we use to have been tested extensively to ensure that they are safe. Unfortunately, these high standards are not always met and can result in serious injury* if proper safety procedures are not followed. Injuries caused by a faulty or defective product can be very serious. For example, taking defective medicines or driving a defective vehicle can have devastating consequences if something goes wrong.
Our dedicated legal team will help you to understand the legal complexities of product liability and advise you on making a claim for compensation.
Products that are intended for public consumption should be subject to rigorous testing and risk assessments before they are released for sale. Furthermore, if there are any risks associated with using a particular product then this should be made clear to the user. For example, if a particular hair product is not suitable for an individual with a skin condition then the company are legally obliged to make this clear to the consumer. This is usually done by placing a warning on the bottle of the product.
Failure to discharge this duty can give rise to a claim in negligence against the at fault company. The claims process can vary but will generally take the format outlined below:
1. Initial Consultation – Our solicitors will meet the client and take instructions about the circumstances of the accident and will ask you to provide as many details as possible. It is advisable for clients to retain the product that caused the injury and also to take current photographs of the injury in question.
2. Letter of Claim – Your solicitor will then send a letter to the at fault supplier setting out detailed allegations of negligence. The supplier will then be obligated to pass this on to their insurers, who will investigate the incident.
3. Medical Evidence – If you have attended the GP or hospital, we will obtain those notes and arrange for you to be examined by a specialist medical Consultant who will provide a report on the cause and extent of your injuries. This will later be forwarded to the third-party insurance company for their consideration.
4. Decision on liability – The insurance company have three months from the date the letter of claim was sent to complete their investigations and provide a decision on liability. If liability is accepted, we will provide our medical evidence and enter in to settlement negotiations.
5. Court Proceedings – If liability is denied our personal injury solicitor will consult with you and make a decision on whether to proceed to the Courts to try and recover compensation. At this stage we will instruct a Barrister who specialises in personal injury claims and we will work together to build a case prior to your Court hearing. Court proceedings can also be issued in a case where liability has been admitted if we feel the compensation being offered by the insurance company is not sufficient. Our expert solicitors will advise clients on their options, but the final decision will always be made by the client and we will ensure that their wishes are carried out.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.