Product Liability Claims

Product liability may arise when a manufacturer, importer, or producer fails to ensure that a product is safe for use, resulting in injury or damage. This may involve malfunctioning equipment, contaminated food items, or faulty medical devices. Even if negligence cannot be proven, strict liability may apply if the product is inherently dangerous.

Making a product liability claim involves several crucial stages. First, you must compile robust evidence that demonstrates the defect and shows how it directly caused your injury or damage. This evidence may include medical records, expert opinions, and witness statements. Acting quickly is essential, as there are statutory deadlines for filing your claim.

At RakLAW, we empower you to take action against careless manufacturers by providing clear and empathetic advice on how to gather your evidence, assess your claim, and confidently navigate the legal system. For more details on ensuring the financial aspects of your claim are robust, please visit our financial remedies page.

If you are ready to proceed, please get in touch with our committed team for a consultation. Our product liability claims service is designed to support you from the initial consultation through to a successful resolution, ensuring you obtain the justice and compensation you are due. Let RakLAW be your ally in defending your rights and holding negligent manufacturers accountable for their actions. To start your journey towards securing compensation, please contact us today.

Understanding the Consumer Protection Act 1987

The Consumer Protection Act 1987 (CPA) is the cornerstone of UK product liability law. Part I of the Act implements the European Product Liability Directive and imposes strict liability on producers, importers and own-branders for damage caused by defective products. The key advantage for an injured consumer is that you do not have to prove fault or negligence; you must only show that the product was defective and that the defect caused your injury.

A product is “defective” under section 3 of the Act when its safety is not such as persons generally are entitled to expect, taking into account factors such as the way the product was marketed, any instructions or warnings provided, and the use to which it would reasonably be put. Claims under the CPA can be brought alongside common-law negligence claims and breach of contract claims under the Consumer Rights Act 2015, and we will routinely plead each cause of action that gives you the best route to compensation.

Common Types of Defective Product Claims

Defective product claims typically fall into three broad categories. Manufacturing defects arise when an individual item leaves the production line in a condition that was never intended; examples include a contaminated batch of medication, a single car with a faulty brake assembly, or a kitchen appliance with cross-wired components. The product is unsafe even though the design itself is sound.

Design defects affect every unit of a product line because the underlying design is inherently unsafe, for instance a child’s toy with small detachable parts, an e-scooter battery prone to thermal runaway, or a piece of garden machinery without an effective guard. Design claims often require detailed engineering evidence and tend to be defended robustly.

Marketing or warning defects occur when the product itself may be safe in proper use, but the labels, instructions or risk warnings are inadequate. Common examples include missing dosage information on medicines, the omission of allergen declarations on food, or unclear assembly instructions on flat-pack furniture. Where a warning would have prevented the injury, the failure to give it can itself amount to a defect.

Who Can Be Held Liable?

Section 2 of the Consumer Protection Act 1987 casts the net wider than simply the company you bought from. The producer (the manufacturer of the finished product or of any component), an own-brander who holds itself out as the producer by putting its name or trademark on the product, and any business that imports the product into the United Kingdom from outside Great Britain can all be held strictly liable.

A supplier further down the chain – for example a high-street retailer or online marketplace – can also be liable if it fails, when asked, to identify the producer or the person who supplied it. This is particularly useful where injuries are caused by goods sold through global e-commerce platforms. Identifying every potentially responsible party at the outset maximises the chance of recovering compensation in full, especially if one defendant later becomes insolvent.

Evidence You Need for a Successful Claim

Strong evidence is the engine of a product liability claim. We will normally advise you to preserve the defective product itself, ideally untouched and in its original packaging, along with any instructions, batch or serial numbers, receipts and order confirmations. Photographs and video of the product before and after the incident, the scene of the injury and the injuries themselves are invaluable.

You should also obtain a full GP and hospital record of your injuries and any ongoing treatment, retain receipts for medical expenses, travel and replacement items, and keep a diary of how the injury has affected daily life and earning capacity. In more technical cases we instruct independent experts – for example engineers, toxicologists or product-design specialists – to test the item and provide an opinion on whether it met the safety expectations of an ordinary consumer.

Time limits are strict. A claim under the Consumer Protection Act 1987 must generally be brought within three years of the injury or the date of knowledge, and is subject to a ten-year long-stop running from the date the product was first put into circulation. A common-law negligence claim is also subject to the standard three-year period under the Limitation Act 1980, so prompt instructions are essential.

How RakLAW Can Help

Our product liability solicitors handle claims involving consumer electronics, household appliances, vehicles, medicinal products, medical devices, food, cosmetics, toys, and industrial equipment. We start with a free, no-obligation review of your case to identify the strongest legal route, the correct defendants and the evidence we need to preserve immediately.

Where appropriate we act under a Conditional Fee Agreement (a “no win, no fee” arrangement) so that you can pursue a claim without up-front cost. We deal with the producer’s insurers and lawyers, instruct independent experts on your behalf, value your claim by reference to the Judicial College Guidelines and recent court awards, and negotiate firmly for a settlement that reflects every element of your loss. If a fair offer is not made, we are prepared to issue and conduct proceedings in court.

To discuss a potential product liability claim in confidence, please call us on 0203 3451 999, email info@raklaw.co.uk, or complete a callback request form on this page.