It might be possible to bring about a compensation claim against a supplier or manufacturer under the 1987 Consumer Protection Act in cases where a potentially defective product causes personal injury.
Section 3 of the Act states that products are defective when the safety of the products are not what persons are generally entitled to expect.
To make these determinations, all situations need to be taken into account such as:
• Examples of possible product liability claims.
• The time when the product was supplied by the producer to someone else.
• What’s reasonably expected to be done in relation to the product or with the product.
• Using any kind of marks related to the product and any warnings or instructions with respect to doing or to cease doing anything in relation to or with the product.
• The circumstance for the purposes of which the product is marketed.
Some examples of product liability claims include:
• What needs to be proved.
• Injuries sustained by an appliance or a defective piece of equipment.
• Injuries or accidents sustained by defective vehicles.
• Injuries sustained by contamination of medical supplies.
• Injuries sustained by pharmaceutical drugs, medications, or vaccines that are defective.
• Injuries sustained by defective medical implants.
• Injuries sustained by defective medical equipment and devices.
In order to file a successful claim under the Consumer Protection Act of 1987, you must prove:
• What the time limitations are on claiming defective products.
• That the product was used as intended/directed.
• That there is an underlying link between the injury or loss and the defective product.
• That a loss was suffered or you were hurt/injured.
• That the product was defective.
Court proceedings need to be issued within three years of the date of the damage or injury in order to bring about a product liability claim. If it’s later, then it must be issued three years from the knowledge and date of when the Plaintiff found out that their injuries were caused by a product that was defective.
The Limitation Act of 1980 presents a 10-year longstop rule that requires Court proceedings due to claims for personal injury that were caused by a product that was defective which brought under the Consumer Protection Act of 1987, must be issued within a decade from the date that the product was put into circulation in the market. The time limit is very strict and the courts do not have any discretion to consider the 10-year period inapplicable.
The earlier date will still apply if the 10-year period expires before the 3-year statute of limitations period.
There are some steps your solicitor will likely take when you decide to pursue legal action for an injury sustained by a defective product. Some of these steps include the following:
• Obtaining detailed statements from the injured person or persons by discussing the events in chronological order including the impact of the injury and details of the injury that was sustained.
• Arranging funding.
• Obtaining medical records of the injured person along with any other documentation that might be relevant.
• Obtaining expert advice independently while determining if the opinion given by the expert shows the cause of injury along with the condition of the injured person and their prognosis.
• Setting out the basis of your claim in a letter to the Defendant including details of the injury that was sustained and the apparent defects of the product.
• Allowing the Defendant to investigate the claim. They will determine whether they deny or admit to all or part of the claim.
• Considering the projected success of the claim along with the next steps that will be taken.