Product Liability Claims

Product Liability Claims

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.

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At P.A Duffy & Co Solicitors, we represent individuals in product liability claims cases across Ireland and Northern Ireland. 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.

How We Can Help

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.

  1. 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.

  1. 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.

  1. 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.

  1. 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.


What will I receive compensation for in a product liability claim and how much will I receive?

In product liability claims, compensation is sought for injuries, damages, or losses resulting from a defective or dangerous product. The specific compensation you may receive can vary depending on the circumstances of the case, the severity of the injuries, and the liability of the parties involved. Here are some common types of compensation that may be sought in product liability claims:

  • Medical Expenses: You can typically seek compensation for all reasonable and necessary medical expenses related to the diagnosis, treatment, and recovery from injuries caused by the defective product.

  • Lost Wages: If your injuries resulted in missed work, reduced earning capacity, or the inability to work, you may be entitled to compensation for your lost wages and future earning potential.

  • Pain and Suffering: Compensation for physical and emotional pain and suffering related to the injuries caused by the defective product is often a significant part of a product liability claim. The value assigned to pain and suffering can vary based on the severity of the injuries and their impact on your life.

  • Property Damage: If the defective product caused damage to your personal property, you can seek compensation for repair or replacement costs.

  • Long-Term Care Expenses: If you require long-term medical care or assistance with daily activities due to the injuries, you may seek compensation for the associated costs.

  • Disability and Impairment: Compensation for permanent disability or impairment resulting from the injuries may be sought. This accounts for the loss of quality of life and future earning potential.

  • Loss of Consortium: This pertains to compensation for the loss of companionship, care, and support that your family members may experience due to your injuries.

  • Punitive Damages (in some cases): In rare cases where the manufacturer's conduct was particularly reckless or intentional, punitive damages may be awarded to punish the wrongdoer and deter similar behaviour.

The specific compensation you receive will depend on the facts of your case, the available insurance coverage, the extent of your injuries, and other relevant factors. To estimate potential compensation accurately, it's advisable to contact us at P.A. Duffy & Co. to consult with one of our personal injury solicitors experienced in product liability claims. They can assess the details of your case, negotiate with insurance companies, and help you navigate the legal process effectively.

How can I finance a product liability compensation claim?

We know that funding a compensation claim might be a worry, so we offer a range of options. These include:

  • Legal Aid

  • Legal expenses cover

  • After the Event insurance (ATE insurance)

  • Private payment

We will be happy to discuss funding with you to find the best option for your circumstances.

What is the time limit for bringing a product liability compensation claim?

In Northern Ireland, there is a three-year time limit for bringing a personal injury claim and a two-year time limit in the ROI. This is known as the limitation period. It runs either from the date of the incident or the date that you became aware of the injury you suffered.

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028 8772 2102Mon-Fri 9am-5pm
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Our Personal Injury Solicitors

Conal McGarrityConal McGarrityDirector
Seanin SomervilleSeanin SomervilleLegal Executive
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