If you've been injured by a faulty product, it can be hard to know where to turn. After all, while complaining to the manufacturer may result in an apology, it can't undo the harm that a defective product can cause. Certain products can cause serious injury if they don't work properly, and companies must develop products according to specific safety standards, or advise customers if certain risks cannot be avoided.

Manufacturers have a legal obligation to make sure products are safe and in good working order, while distributors and sellers may also be responsible for items that are defective because they've been damaged after production. If someone has produced or sold you a damaged product, you may be entitled to compensation for any injury caused by the product in question.

Here, the experienced product liability solicitors at Switalskis outline the process of making a product liability claim, including how to know whether you're entitled to compensation, the evidence you need to collect to prove your claim, and how to get the process started.

Can I make a product liability claim?

A potential product liability claim relies on proving several key elements. If you are unable to prove that all of the requirements are met, you may not be eligible to claim, but an expert solicitor can help you to build a strong case.

We'll discuss your case with you during a free initial consultation and advise you as to whether or not you're able to claim. Our solicitors are experts in making product liability claims and, if you decide to move ahead, we'll support you to gather evidence and build the strongest possible case.

The first element you need to prove is that the product was not fit for purpose, meaning either that it was defective or unsafe when it was used as intended. A defect can fall into one of three categories:

• Design defects – The product was inherently dangerous due to its design.
• Manufacturing defects – A fault occurred during production that made the product unsafe.
• Failure to warn – There were no adequate safety warnings about unavoidable hazards or instructions for safe use of the product.

If a product malfunctions, causes injury, or fails to perform as expected, this may form the basis of a defective product claim. On the other hand, if you misused the product in a way that was not intended, this could weaken your claim.

A personal injury claim relies on proving that another party owed you a duty of care and was negligent in its fulfilment of that responsibility. Your claim will usually be made against the manufacturer of the product, the retailer that sold the product (under the Consumer Rights Act 2015) or the importer or distributor, if the manufacturer is based outside the UK. In all of these cases, these parties involved are considered automatically to owe a duty of care to those who purchase and use their products.

Once you have proved that a product was defective or poorly designed, you must prove that it caused you harm to make a faulty product liability claim. There are a number of different types of harm that may be proved under this requirement, including:

• Physical injuries caused by the product, such as burns, cuts, bruises, fractures, or any illnesses that may arise.
• Damage to property, such as if electrical appliances catch fire and damage other belongings.
• Financial loss due to the defective product (such as medical expenses or lost wages, if you took time off work to recover from your injuries).

The nature of your injuries and any other harm caused will determine how much compensation you could be owed. To claim compensation for these physical injuries or financial losses, you must establish a direct link between the product defect and the harm you suffered. If the injury was caused by misuse of the product or failure to follow safety instructions, the claim is unlikely to succeed.

The final consideration that determines whether you can secure compensation under a product liability claim is whether or not you are within the legal time limit. Your ability to make a claim expires three years from the date of injury, or when you became aware that the injury was connected to a specific defective product. For non-personal injury claims, the time limit may be ten years from the date the product was first put on the market.

The experienced product liability lawyers at Switalskis can advise you on whether or not you have the right to claim compensation based on an initial discussion about your circumstances. With our thorough knowledge of product liability law and experience in making personal injury claims, we can help you to make sure that manufacturers of faulty products are held accountable for their mistakes.

What is the product liability claims process?

The process of making a product liability compensation claim depends on whether the claim is based on negligence, breach of contract, or strict liability under the Consumer Protection Act 1987. If you're claiming personal injury compensation, filing a claim starts with speaking to a solicitor.

At Switalskis, our product liability lawyers can discuss your circumstances and start the process on your behalf. Before you get in touch, it can also help to gather relevant documents and evidence about the circumstances of your accident and the injuries sustained. We'll take this into account when considering your eligibility to claim and determining who should be held liable for your injuries. Evidence can include:

• The faulty product itself.
• Receipts, invoices, or proof of purchase.
• Photographic or video evidence of the defect.
• Medical records showing the injuries sustained from the product.
• Contact details for any witnesses who saw the incident.

Once you have spoken to a solicitor, we can advise you on whether you have a claim and who we believe the liable party is. The claim is usually made against the manufacturer, but in some cases, retailers or distributors may also be liable.

When you instruct us to take your case forward, we'll gather further evidence to build the strongest possible case. This usually includes statements from any eyewitnesses, reports or expert assessments showing how the defect caused harm, or independent medical reviews that show the full extent of your injuries.

It may be necessary to report the defective product to:

• The manufacturer or retailer.
• Trading Standards (if there is a public safety concern).
• The Office for Product Safety and Standards.

This step is not mandatory but could support the case, and your solicitor will advise you on whether or not this could support your legal action.

When your solicitor has built your case, we'll draft and submit a letter of claim to the responsible parties. This will include the evidence we've collected and explain how much compensation you're seeking. In many cases, the liable party will accept that the accident was their fault and we'll proceed directly to negotiations over the compensation amount.

Many companies settle before reaching court proceedings, but if it's necessary to start legal proceedings we'll represent you in court. In these cases, a judge will decide on compensation. Again, your solicitor will work hard to secure the maximum compensation that you're entitled to. Making a product liability claim can be complex, so seeking legal advice is recommended if the case involves serious injury or financial loss.

Get in touch with Switalskis' experts today to learn more about the product liability claims process and find out how much compensation you could be owed. Call us on 0800 138 0458 or get in touch via our online contact form .