Defective Products
All manufacturers owe a duty to the consumer to ensure their safety. If you are injured whilst using a product in the manner that it is supposed to be used, any party who were responsible for selling the product to you could be liable to pay you compensation. This could include any party along the chain from the designer of the product down to the manufacturer, the wholesaler and retailer of the product.
What do I need to prove to be successful?
When pursuing a claim for a defective product we will pursue a claim under one of the following categories:
- Defective design - the item might be unreasonably dangerous to use due to a design flaw. In these cases there is often complex legal arguments over whether the design is unreasonably dangerous.
- Defective manufacture - these defects occur during the actual manufacture process and are usually seen when a product does not conform to the usual specification. This may be due to a failure in quality control.
- Defective warnings - this is caused by improper instructions or a failure to warn the consumer of dangers in the product. In these cases it is necessary to analyse whether the instructions were adequate, clear and up to date and not contradicted by other advertisements or company promotional literature.
- Negligent post sale service - when a danger in the product has come to light the company must warn the consumer about the lack of safety. For instance, advertisements are commonly seen in newspapers advising of product recalls due to a dangerous defect in a product.
What type of products could be defective?
There are many different products which could have caused you injury. These include:
- Tyres
- Motor vehicles, motorcycles, scooters or bicycles
- Aeroplanes
- Boats
- Household machinery i.e. drills, chainsaws, sanders etc
- Industrial machinery
- Latex
- Electrical goods
- Children's toys
- Artificial hips
- Orthopaedic aids
- Laser hair removal systems
- Replacements len
- Cosmetics
- Laser eye surgery
I think a defective product has injured me. What do I do now?
Defective product claims are an extremely complex area and it is essential that you speak to a specialist solicitor. Ashton Lake are specialists in bringing defective product claims of this nature. If you have been injured because of a dangerous or sub standard product, then we can assist. Our aim is to get to the truth of how and why the product caused you harm and to obtain the maximum compensation possible. We pride ourselves in high levels of client care and will always progress your claim with sensitivity at every stage of the process.
If you wish to obtain further information then please complete the online enquiry form or call 01509 262621. A specialist defective product solicitor will be available to discuss your case further. We offer a wide choice of funding arrangements including no win no fee in which no costs will be payable by you win or lose.
