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A Guide On Defective Product Compensation Claims
Read our guide to learn about the different steps involved in making defective product compensation claims.
£85 million in compensation
A Guide On Defective Product Compensation Claims
Read our guide to learn about the different steps involved in making defective product compensation claims.
How To Make Defective Product Compensation Claims
We generally buy products with the expectation that they will arrive as described and work as intended. A defective product is an item which doesn’t perform at a reasonable standard due to a flaw in manufacturing or design. This is also known as a faulty product and can pose an unnecessary risk of harm to its users.
At JF Law, we understand the disappointment and frustration you may experience after suffering a defective product injury. Our advisors and solicitors have years of experience handling defective product compensation claims and could help you with yours.
Brief Summary
- The manufacturer of a product has a duty to ensure that it is free from defects under the Consumer Rights Act 2015.
- If a consumer purchases a product and it turns out to be defective, there may be grounds for a defective product compensation claim.
- On the other hand, if a consumer suffers from an injury due to the defective product, they may be able to make a personal injury claim.
- Defective product claims may include compensation for injuries and financial consequences.
- Our solicitors offer No Win No Fee services on eligible defective product compensation claims.
Make your next personal injury claim with our capable and knowledgeable team. Get in touch now:
- Call on 0151 375 9916.
- Talk to us through live chat.
- Contact us online.
Can I Make A Claim For A Defective Product?
You could make a claim for a defective product if the product is considered faulty.
The Consumer Rights Act 2015 states that products must be able to be used for their intended purpose, in satisfactory quality and arrive as described.
The 3 main types of defect include:
- Manufacturer issues
- Design of the product
- Failure to warn about any potential issues with the product
If the product does not meet the criteria, you could be eligible to claim compensation. Contact us today to see whether you may have a valid claim.
Can I Claim For Injuries Caused By Product Faults?
Yes, you could claim for injuries caused by product faults. Under the Consumer Protection Act 1987, if a defective product leads to injury, death or losses in other ways, you have the right to pursue compensation.
Defective product compensation claims would be made against the manufacturer of the product. This is anyone who:
- Has their name on the product
- Claimed the product via trademark or another identifying mark
How Can I Prove My Defective Product Injury?
To prove your defective product injury, you will need to gather evidence. This could include:
- Medical records, including X-rays, prescriptions, consultation notes, and discharge summaries.
- Photographs of visible injuries, such as rashes, lacerations or scars.
- Contact details of family members or anybody else who can provide witness statements.
- Diary entries narrating the impact of the defective product injury.
If you have any questions about the defective product compensation claims process, you can contact our advisors.
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How To Make Defective Product Compensation Claims
To make defective product compensation claims, sufficient evidence will need to be gathered that proves the product was faulty. This could include:
- Try to preserve the product itself as direct evidence.
- Product packaging and instruction manuals
- Proof of purchase, such as a bank statement or a receipt.
- Any communication between you and the producer of the product.
- Any communication between you and the retailer where you purchased the product.
To find out the limitation period, you must start your claim within; you can contact our advisory team today.
How Much Compensation Could I Get For A Defective Product Claim?
How much compensation you could get for a defective product claim would depend on the harm you suffered and its severity.
Product liability solicitors generally refer to the Judicial College Guidelines (JCG) to calculate your general damages payout for the injuries you have suffered. The JCG provides a list of various injuries and the corresponding guideline compensation brackets.
The table below provides some JCG figures that may be relevant for defective product compensation claims. Please consider this only as guidance, and note that the top entry has not been taken from the JCG.
| Injury | Notes | Compensation Guidelines |
|---|---|---|
| Multiple Severe Injuries and Special Damages | This bracket deals with multiple severe injuries and special damages like a loss of earnings. | Up to £1,000,000+ |
| Brain Damage- Very Severe | The compensation will be based on factors like ability to communicate, presence of physical limitations and life expectancy. | £344,150 to £493,000 |
| Scarring on body parts- Burns covering 40% of the body or more. | The compensation will depend on factors like the psychological impact, cosmetic effects, burn thickness, physical disability, and percentage of body affected. | Likely to exceed £127,930 |
| Foot injuries- severe | There could be an unusually severe injury to one foot or fractures to both feet/heels, impacting mobility and causing significant pain. | £51,220 to £85,460 |
| Injuries affecting eye sight- Complete loss of sight in one eye | There is total loss of vision in one eye. | £60,130 to £66,920 |
| Ankle injury- Moderate | There could be less serious injuries, such as difficulty in walking or standing for a long period of time due to injuries like ligament tears and fractures. | £16,770 to £32,450 |
| Toe injuries- serious | Two or more toes could be fractured or there are serious injuries to the big toe, leading to scarring or pain. | £11,720 to £16,770 |
| Hand injury- Moderate | This bracket can include deep lacerations, crush and soft tissue injuries and the top figure could be considered for cases involving a failed surgery and permanent disability. | £6,910 to £16,200 |
| Hand injury- Index finger fracture | Although the fracture has mended fast, the grip is affected negatively and heavy use causes pain. | £11,120 to £14,930 |
| Damage to Hair- Severe (a) | Some of the effects include burning or tingling in the scalp, causing the hair to break and fall out, leading to distress, depression and overall impact on social life. | £8,960 to £13,450 |
Can I Claim For Financial Losses Resulting From Defective Or Faulty Products?
You could claim for financial losses resulting from defective or faulty products. These losses would be compensated under special damages, which can include:
- Medical expenses, such as rehabilitation fees and prescription costs.
- Loss of earnings due to an inability to report to work.
- Professional or family care.
- Physical aids, such as a wheelchair.
- Cosmetic procedures, such as plastic surgery.
It is essential to provide evidence for special damages, such as bank statements and payslips.
You can see our list of potential compensation payouts for various injuries, or call an advisor for more information on calculating compensation for your specific claim.
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The Common Examples Of Faulty Product Compensation Claims
Common examples of faulty compensation claims include electric shocks and products not working as they should, causing harm. Some further examples include:
- Electrical equipment: If devices like hair straighteners or mobile phone chargers are defective, they can lead to electrical burns or shocks, as well as skin and hair damage and permanent scarring.
- Vehicles: If a vehicle has a fault in its brakes or any other parts, it could lead to road traffic accidents and cause injuries such as brain damage, whiplash injuries, and broken bones.
- Domestic or kitchen appliances: Defective appliances, such as refrigerators, televisions, and washing machines, can cause fires in the house, leading to burn injuries and scarring. According to the latest government statistics, 29% of accidental fires were caused by the misuse of appliances or equipment. Within this category, cooking appliances accounted for 44% of these fires.
Speak to our advisors now for more examples of incidents which could lead to defective product compensation claims.
Making Defective Product Claims With JF Law
Here at JF Law, we have years of experience making defective product claims on behalf of our clients. Our specialist solicitors can offer you a variety of services, including:
- Gathering evidence to support your claim.
- Communicating and negotiating with the manufacturer on your behalf.
- Calculating your potential product liability compensation.
- Maintaining open, honest and transparent communication with you.
- Preparing court documents in case of litigation.
- Explaining complex terms and legal concepts.
Additionally, our solicitors can work on a No Win No Fee basis under the terms of a Conditional Fee Agreement (CFA), which means:
- No ongoing or upfront costs for your solicitor’s work.
- Nothing to pay for your solicitor’s work if the claim is not a success
- A legally limited percentage will be paid out of your compensation to your solicitor as their success fee, following a successful claim.
Contact Our No Win No Fee Solicitors
Contact us now to discuss your potential claim and how we could help you:
- Call on 0151 375 9916.
- Talk to us through live chat.
- Contact us online.
More Information
You can go through some of our other guides:
- Information on scaffold accident claims.
- Details on claiming compensation for falling on a pavement.
- Our guide on making a shoulder injury claim.
For more information, here are some external sources:
- Government guidance on consumer rights.
- Information from the government on extended warranties.
- Details from the NHS on burns and scalds.
Thank you for reading our guide on defective product compensation claims.
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