Defective product injury compensation

Defective product injury compensation

For getting your life back on track

Every day, countless products are purchased and trusted by consumers to bring value, safety and convenience into their lives. But what happens when these products betray that trust? When a product is defective and causes an injury, the aftermath can be much more than simple disappointment. It can bring pain, distress and disruption, and change the direction of a person's life.

If you or a loved one have experienced an injury due to a defective product, it’s important to know that you have rights. At Switalskis, we’re committed to making sure that your defective product injury is compensated for and will guide you through every step of the claims process to seek compensation for the injury you’ve suffered.

To speak to one of our specialist defective product injury compensation claims solicitors about your situation, call us on 0800 138 0458, or contact us through the website.

How Switalskis can help you

In the wake of an injury caused by a defective product, it's normal to feel overwhelmed. The number of questions, the paperwork and the uncertainty can make it difficult to see a clear path forward. That's where Switalskis steps in, offering more than just legal expertise - we provide support tailored to your unique journey.

At Switalskis, we don’t believe in one-size-fits-all solutions. Every defective product injury is unique, and every person has their own story. Our dedicated team takes the time to get to know you, making sure we understand your situation fully. This personalised touch allows us to represent you with the depth and precision you deserve.

The world of legal proceedings can often be clouded by jargon and complex processes. However, we believe in keeping things simple and transparent for our clients. We break down every step to keep you informed, empowered and involved. Your questions are always welcome, and our responses are prompt and thorough.

Read what our clients had to say about the help they received from Switalskis

Understanding defective product injury

Every day, we place our trust in countless products. From household appliances and children's toys to electronic gadgets and vehicles, we expect these items to perform safely and efficiently. However, when a product fails to meet those basic standards and causes harm, it's termed as a defective product injury.

When a business supplies products to consumers, it must ensure the products are safe. Under the Consumer Protection Act, UK citizens are legally protected against injury and damage caused by defective products or faulty goods. Here, we delve deeper into understanding this.

What constitutes a defective product?

A product is considered defective when it poses unreasonable risks when used as intended or even in a foreseeable misuse. This can be due to poor design, manufacturing flaws or inadequate warnings and instructions. A product that doesn't offer the safety that a typical consumer expects could be a candidate for a claim. Common causes of defective product injuries include: 

  • Design defects: these are inherent flaws in the design of the product itself. Even if manufactured perfectly, the product would still pose a danger.
  • Manufacturing defects: here, the original design might be safe, but errors in the manufacturing process make the product hazardous.
  • Warning and instruction defects: some products should have specific warnings or instructions to guarantee safe usage. If these are missing or insufficient, and injuries happen, it could lead to a claim.

Injuries can range in severity, from minor cuts and burns to more serious injuries like fractures, electrocution or long-term health complications. The nature of the injury often depends on the type of product and the nature of the defect.

Who's liable for defective product injuries?

Accountability doesn't solely lie with the manufacturer. Depending on the circumstances, various parties in the product's supply chain might be held responsible, such as designers, manufacturers, distributors, or retailers. Determining liability can be complex, but it's important for a successful claim.

The emotional and physical toll

Beyond the immediate physical harm, defective product injuries can also inflict emotional distress. Many people experience a loss of trust, heightened anxiety or even traumatic stress following an injury. It's important to acknowledge this emotional component as it plays a significant role in the overall impact of the incident.

Making a defective product injury compensation claim 

We’re here to guide you through the process of making a defective product injury compensation claim. Below is a step-by-step outline to help you understand what to expect when pursuing a claim due to an injury caused by a defective product.

Step 1: Initial consultation:

Reach out to us to arrange a free, no-obligation consultation. During this initial conversation, we'll listen to your account of events and answer any concerns or questions you might have. This meeting gives us a clear picture of the details we need to concentrate on.

Step 2: Building your claim

Following our initial chat, our legal team investigates the specifics of your case. We gather all relevant evidence, examine product details and consult with industry experts when necessary. Our primary aim is to determine that the injury you sustained was due to a product defect and to gauge the potential compensation you might be entitled to. If you still have the product, it is important that you retain it, as it may need to be examined.

Step 3: Engaging the defendant

Once we have strong evidence, we draft a letter of claim to the manufacturer or relevant party, laying out the details of the claim supported by the gathered evidence. They’re then given a set period to respond, during which they will likely conduct their own investigations and determine their stance on liability.

Step 4: Negotiation phase

Upon receiving a response from the defendant, the negotiation process begins. Our experienced solicitors have a special focus on defective product injury claims and will defend your rights. Leveraging our extensive expertise, we’ll work to establish fault and negotiate the best possible compensation for you.

Step 5: Legal proceedings (if needed)

While many claims are settled during negotiations, some might need court proceedings. Should your claim take this route, rest assured that Switalskis will stand by your side, providing guidance and support at every turn.

Step 6: Closure and compensation

When the claim is successfully resolved, you'll be granted compensation. This compensation is intended to cover the financial, emotional and physical consequences of your injury from the defective product, making sure you or your loved ones can recover and maintain a good quality of life.

With Switalskis by your side, the journey of a defective product injury compensation claim becomes less daunting. Our dedication remains firm - we're with you every step of the way, offering transparent advice, genuine care and unparalleled legal expertise.

Defective Product Injury Compensation FAQs

Is there a time limit for defective product injury compensation? 

Deadlines are vital when considering defective product injury compensation claims. To safeguard your right to claim, familiarising yourself with these timeframes is paramount. Here's a concise overview for clarity:

  • General rule - three years from the 'date of knowledge': typically, you have three years from the moment you became aware (or should have reasonably become aware) that your injury resulted from a defective product due to someone else's oversight or negligence. This isn't always the day of the injury itself. It could be when a doctor identified your injury and linked it to a faulty product.
  • Exceptions to the rule: though the standard is a three-year period, there are notable exceptions:

Despite these specified periods, it's wise to initiate the claim process as soon as possible. This means that memories are more vivid, evidence collection becomes more efficient, and medical evaluations tend to be more precise nearer to the incident or diagnosis.

In rare situations, courts might permit claims beyond the usual time constraints. Nonetheless, relying on this is not advised. It's better to work within the established timelines.

What evidence do I need to support my defective product injury claim?

To support a defective product injury claim, it's important to gather comprehensive evidence including:

  • Product itself: it’s important to keep the product, as it might be examined to establish its defect.
  • Photos: take pictures of the product, the injury and the setting where the injury took place. This visual evidence can help show what happened.
  • Medical records: secure records of all medical treatments you've received due to the injury. These records will demonstrate the severity of the injury and its direct link to the defective product.
  • Purchase records: receipts, invoices or any documentation that shows when and where you purchased the product.
  • Witness statements: if there were any witnesses present during the incident, their account can help your claim.
  • Product manuals or packaging: these can show any inadequacies in instructions or warnings.
  • Correspondence: any communication with the manufacturer or retailer after the incident.

Do I still have a claim if the product had a warning label?

Even if the product had a warning label, you might still have a valid claim, especially if:

  • The warning was not sufficiently clear or was misleading
  • The warning failed to cover the specific risk you encountered
  • The product's design was dangerous, making any warning insufficient

Remember, each situation is unique, so it's best to consult a legal expert to determine the viability of your claim.

Can I claim if I bought the product second-hand or if I wasn't the person who purchased it?

In many jurisdictions, including the UK, the injured party can make a claim even if they weren't the direct purchaser. Speak to our solicitors about your circumstances to learn more about your eligibility to claim.

What compensation can I expect from a defective product injury claim?

Compensation varies based on the specifics of the case. It can cover:

  • Medical expenses: both past and future
  • Loss of earnings: if the injury prevented you from working
  • Pain and suffering: accounting for both physical pain and emotional distress
  • Rehabilitation and therapy costs
  • Care costs: if you need assistance due to your injuries.

Do I need a solicitor to make a defective product injury claim?

While not mandatory, having a solicitor can greatly help the process. They can:

  • Navigate the complexities of defective product law
  • Effectively gather and present evidence
  • Negotiate with the opposing party, increasing the likelihood of a fair settlement
  • Represent you in court, if needed

If I used the product in a way it wasn't intended to be used, can I still make a claim?

If the manufacturer could reasonably foresee such a use and didn't provide adequate warnings, you might have a valid claim. However, if your misuse was unforeseeable or exceedingly negligent, it could impact the success of your claim.

To speak to one of our specialist defective product injury compensation claims solicitors about your situation, call us on 0800 138 0458, or contact us through the website.

Our defective product injury compensation specialists

Katrina ElseySenior Associate Litigation Executive
Photo of Diane Parker
Diane ParkerDirector and Solicitor
Photo of Richard Starkie
Richard StarkieDirector and Solicitor
Photo of Louise Moore
Louise MoorePortal Co-ordinator
View more

Why choose Switalskis?

When you need representation for defective product injury claims, the expertise of your legal team can influence the outcome. Switalskis represents a blend of expert legal insight and unwavering commitment to the values we cherish. Here's why teaming up with us is a smart choice:

Clarity in complexity

Defective product injury claims can often be complex with a lot of legal jargon. Switalskis takes pride in explaining these complexities, turning jargon-filled explanations into something straightforward. Our goal is to keep you informed and reassured at every step.

Empathy at every step

We recognise the upset and inconvenience a defective product injury can bring about. Our dedicated team is always prepared to extend a compassionate ear. We’re more than just lawyers - we’re your confidants, advocates and pillars of support.

Expertise you can trust

We've been in the legal business for a long time and we really know our stuff. Our team is full of legal experts who are experienced in dealing with claims for injuries caused by faulty products. When you choose Switalskis, you're picking a team that won't stop until you've got the compensation you deserve.

Championing your rights

We’re passionate about standing up for our clients. Everyone deserves fairness, and we work hard to make sure you're heard, your rights are protected, and those at fault are held accountable.

What are the types of personal injury claims?

Personal injury claims come in various shapes and sizes, each with its own set of rules, challenges and considerations. At Switalskis, we've got the expertise to handle a wide range of personal injury claims. Here's a quick rundown of the various types of personal injury claims we can help you with:

Find out how Switalskis can help you

Defective products can cause harm and leave lasting effects both physically and financially. Remember, you're not left to face this alone. Our legal experts are here to listen, understand your situation, and advocate for the outcome you deserve. Contact Switalskis today by calling 0800 1380 458 or reach out to us via our website to confidentially discuss your case with a legal specialist.

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