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Personal Injury Claims

Product Liability Claims

Whether it's food, medicines, electronics, toys, or even the cars we drive, we expect the products we buy to meet certain standards, that their manufacturers have tested them rigorously, and that these items are safe to use.

But all too often, defective and faulty products can end up on shelves and in our homes, and sometimes the worst can happen and these products cause serious injury. If you've been injured by a faulty or defective product, then our lawyers could help you claim compensation.

Our experienced product liability solicitors have helped people claim faulty product compensation for injuries or illnesses caused by:

We have many years of experience in product liability claims, and are expertly placed to provide all of the help and support you need when making a claim for compensation. Injuries caused by faulty products can be life-changing, so where necessary we’ll help you to access rehabilitation and medical care.

The majority of the product liability claims we handle are on a No Win No Fee basis. This means that there's nothing for you to pay upfront, and that you won’t have to pay any legal fees if your claim isn’t successful*.

If you have any questions about claiming compensation for an injury caused by a defective product of any kind, call us today on 0800 056 4110 for a free initial consultation about your case, or contact us online and we'll get back to you. We'll discuss your situation with you, and give you our expert advice on your options.

No Win No Fee*
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Product Liability Claims - More Information
    • How Much Can I Claim?
    • How much compensation you receive for an injury caused by a defective product will depend on various factors related to your injury, its circumstances, and the support and rehabilitation you need.

      The amount of compensation you could claim will depend on many factors, including:

      • Current and future loss of earnings from being unable to return to work
      • Medical and travel expenses you've had to pay
      • Your care and support needs – both now and in the future
      • Whether you need modifications to your home
      • Whether you need mobility aids or specialist equipment
      • Your pain and suffering, and the nature of any ongoing problems you have

      For more information, call us on 0800 056 4110 and we'll be happy to discuss your options in a free initial consultation.

    • What's The Claims Process?
    • To make a compensation claim for an injury or illness caused by a defective product, the first thing you need to do is get in touch with us for a free consultation. We'll discuss what's happened to you, advise you on whether or not we think you can claim, and work out whether you could benefit from a No Win No Fee* arrangement.

      If you do decide to make a claim with us, we'll usually follow the same three stages:

      1. Investigation. We'll begin by determining the extent of your injury or illness, and any losses that you may experience as a result. This may involve an examination carried out by a medical expert
      2. Compensation. We'll work out how much compensation you should get based on the severity of your injuries, your pain and suffering, any medical expenses you've had, and your ability to get back to work. We'll put this amount to your opponent, and they can either accept or contest your claim.
      3. Conclusion. If your opponent accepts liability, you'll be awarded compensation. If not, court proceedings will begin.

        Starting proceedings doesn't mean that your claim will definitely go to trial. Instead, it means that the court will put a timetable in place and manage your claim towards trial. There is still the possibility for your opponent to settle.

        If you do have to go to court, we'll be there to support you every step of the way. If we agreed to handle your claim under a No Win No Fee* arrangement, then you won't have to pay anything if you are unsuccessful.

      If you have any questions about the claims process, please contact us today on 0800 056 4110 for your free initial consultation.

    • Can I Make A No Win No Fee* Claim?
    • Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

      At the start of your case, we'll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household or car insurance policies, so it’s always worth checking whether you’re already covered.

      If we think you're best supported by a No Win No Fee* agreement, we'll explain the process clearly. You'll only have to pay anything if your claim is successful – your opponent will pay most of our fees, with the remaining costs coming out of your compensation settlement.

      Please visit our No Win No Fee page for more information on how it works.

    • What Is A Group Action, And What Are The Benefits?
    • In defective product claims it is not unusual for lots of people to have been affected by the same product, but group actions can arise in many different areas not just defective products.

      In some cases a group action may be appropriate way for the court to manage a number of similar claims together without having a trial of each individual claim. Group actions can help people to share legal expertise as well as the cost by working together, to try and maximise the chances of being fully and fairly compensated for your trauma.

      We have extensive experience in pursuing group actions relating to many different types of claim, including for defective products, drugs and medical devices.

      The expertise and results achieved for our clients means that Irwin Mitchell is the most highly ranked personal injury firm in the UK by two independent leading legal reviews.

      If you're unsure about whether making a group claim is right for you, it's best to seek some advice. Contact us and we'll be able to advise you on the options.

Manufacturers have a duty to their customers to ensure the products they release to the market are fit for purpose and safe for their intended use."

Tim Annett, Partner
Defective Products

Frequently Asked Questions

Who Can Make A Defective Product Claim?

If you've been injured, or had a condition made worse, because of a defective product or medication, then you may be able to claim compensation.

You usually have three years from the date of injury or illness to make a compensation claim, though there can be exceptions made to this time limit on a case by case basis. However, claims arising from defective products also have to be brought within 10 years of the product going into circulation, so it is important to seek legal advice on this.

You can also claim compensation on behalf of a loved one in the following circumstances:

  • Your child, provided they are still under 18
  • A relative who is unable to make their own legal decisions, through a medical condition or impairment

It's also possible to claim if you've lost a loved one because of fatal injuries caused by a defective product or medication. You have three years from the date your loved one died, or from the date you received the post-mortem results, to make a claim (subject to the 10 year time limit above).

We've handled claims for people who've suffered as a result of a number of different kinds of consumer products, including:

We've also handled many defective drug cases, including claims for illnesses caused by Lariam, human growth hormone, and drugs used in clinical trials.

If you've been injured by a product not listed above, then we may still be able to help you. Call us today on 0800 056 4110, or contact us online, for a free initial consultation about your case. We'll discuss whether or not we think you'll be able to claim, and answer any questions that you have.

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What Laws Are There Around Defective Products?

Anyone making or selling consumer products has a duty of care to their customers to ensure their products are safe to use, and won't cause harm.

There are many rules and regulations in the UK that set out what product manufacturers, sellers and importers can and can't do. Among these is the Consumer Protection Act 1987, which protects the public from defective products. The main points of the act are:

  • Consumers are entitled to expect the products they buy or use to be safe
  • If a product does not provide the level of safety people are entitled to expect, it will be regarded as defective
  • Manufacturers (and in some cases importers) are liable for injuries or financial losses caused by defective products – it is not necessary to prove they were negligent or at fault.

The Trade Descriptions Act 1968 makes it illegal for manufacturers and sellers to make false or misleading claims about their products. This is enforced by Trading Standards.

The Consumer Rights Act 2015 relates to the sale of goods and supply of services, and provides for contractual remedies against the sellers of products that are unsafe or not fit for purpose.

Finally, there is the British Standards Institution (BSI), which sets safety standards across a wide range of industries, and products that meet the BSI's standards can be marked with the KiteMark.

So if a product is defective or unsafe and has caused harm as a result, you may be entitled to compensation.

We have a great deal of experience in investigating claims to find out who is ultimately responsible for an injury, and where laws and standards have been broken or ignored. If you have any questions about making a claim then don't hesitate to call us today on 0800 056 4110, or contact us online, for a free initial consultation about your case.

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Why Choose Irwin Mitchell For A Product Liability Claim?

Our specialist product liability solicitors have worked with people affected by defective items for many years, and understand the issues you will be facing.

With so many rules and regulations around what manufacturers and sellers should and shouldn't do, it can be difficult to know who's to blame, and who should be held accountable for your injuries. In these situations, it helps to have the experts on your side.

We have a great deal of experience investigating defective products and determining exactly who should be liable for your injuries and compensation. Whether you claim individually or as part of a group of people who have been similarly affected, we'll work tirelessly to make sure you receive all of the support, advice and care you need while we help you claim the compensation you deserve.

Our extensive experience has seen us handle a diverse range of product liability claims, including:

  • Compensation for a young girl who was injured when the glass door of a toy oven shattered. Although her wounds healed, our client was left with psychological upset because of the faulty product – find out more about her case.
  • A settlement of £1,200 for a woman who received facial burns from a defective hair removal product. Despite following the instructions carefully, she suffered friction burns which caused residual scarring that took a year to heal – find out more about her claim.
  • A claim on behalf of a family who suffered burns in a fire caused by an exploding hoverboard. The family's home was destroyed, along with all of their possessions – find out more about their claim.

Helping our clients access medical care and support, including physiotherapy and surgery, as well as mobility aids and home modifications, is as important to us as pursuing financial compensation. This support is essential for adapting to life after an injury, and our approach has seen us win Post Magazine’s Rehabilitation Award for Claimant Solicitors on seven occasions.

If you have any questions about making a claim, or how we can help, then please don't hesitate to give us a call today on 0800 056 4110, or contact us online, for a free initial consultation on your case. We're here to help.

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Awards & Accreditation

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK

The Times Best Law Firms 2019 legal-500-2019 chambers-2019

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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We believe rehabilitation is as important as compensation.

Injuries and illness can have a lasting effect on your life. We're proud to have won Post Magazine’s Rehabilitation Award for Claimant Solicitors on seven occasions, recognising our commitment to getting our clients the care and support they need to get their lives back on track.

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Our offices are located in major cities throughout the UK and have excellent transport links.

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