What is Product Liability? Claim Today Explain how we have assisted Clients since 1999

Product liability leading to claim for injury is the area of law in which manufacturers, distributors, suppliers and retailers are held responsible for any injuries products cause. The claim should be made in good time , claim time is now, call to start your claim.

The supplier or manufacturer cannot use a disclaimer or contractual limitations of liability to exclude you making a claim, the time is now to find out more call us today if you have suffered injury.

Anytime you have injury there is a possible claim if a product or any of its component parts are defective its manufacturer or supplier can be liable for damage under the Consumer Protection Act (CPA) or the common law of negligence.

An action under the CPA or for negligence can be brought for personal injury and for the cost of damage caused to private property as the result of a product defect. 

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In the case of Baker v KTM Sportmotorcycle we can see how you may make a product liability claim. 

What Happened : The Claimant Mr Baker was riding his motorcycle within the speed limit. Suddenly and without warning, the front brake of the motorcycle seized up causing Mr Baker to be thrown from the motorcycle, because of this accident he sustained severe personal injuries. 

Making a Claim : Mr Baker brought a claim against  KTM Sportmotorcycle, the manufacturer of the motorcycle, alleging that the accident and the resulting injuries were caused by a product defect in the motorcycle. 

Court Decision The Court upheld Mr Baker’s claim and awarded him for provisional and special damages.  KTM Sportmotorcycle appealed on the ground that there was no or no sufficient evidence of galvanic rust or corrosion in the bike brakes after the accident and thus no defect in the motorcycle.  The Court had decided that it is not necessary to show how a defect is caused; it is sufficient to find that there is a defect. In the present case, the defect found was a susceptibility for galvanic corrosion to develop in the front brake system when it should not have done, i.e. after limited and normal use and notwithstanding proper servicing, cleaning and maintenance. There must have been a defect for the galvanic corrosion to develop as it did. Thus, the Court of Appeal stated that there is no necessity for further evidence and dismissed the appeal confirming the Court was right to find and award the Claimant Damages.

How Claim Today makes a claim in time for you:

This case makes it easier for you to claim for product liability by confirming we only need to show a defect and not prove how the defect was caused. The claim time is now, thus don’t delay calling today if you have been injured by any defective product. 

In the Case of Al-Iqra v DSG Retail Ltd [2019] . (Queen’s Bench Division District Registry (Birmingham)) 

What Happened: This case arises out of a fire at a domestic property. The cause of the fire is suspected to be an electric fault of the heater in the living room.

Making A Claim: The Claimants, who are minors, bring claims for damages by their mother and Litigation Friend Ms Begum in respect of serious and life-changing injuries which they suffered during the fire.

Court Decision: The Court concludes that the Heater was the source of the fire, then it follows, by necessary inference in the absence of misuse, that it was defective and gives judgement in favour of the Claimants with damages to be assessed. The Court dismisses in this regard the fact that the mother was unable to identify specific mechanisms or cause of the ignition.

How Claim Today makes a claim in time for you: This case makes it easier for you to claim as you are not required to identify the specific mechanism of the defective product causing personal injuries. Rather, in the absence of misuse, proving the balance of probability of the defective product causing a personal injury is sufficient to get compensation from a claim. The claim time is now, thus don’t delay calling today if you have been injured by any defective product.

In the Case of Ide v ATB Sales Ltd and Another [2007] EWHC 1667 (QB), [2008] EWCA Civ 424(CA)

What Happened: The claimant suffered very serious head injuries when he fell from his bike. It is common ground that the left handlebar of the bike broke Causing the fall.

Making A Claim: The client brings a claim for injury damages from the cycle on the grounds that the handlebar was defective in that it suddenly snapped causing him to lose control and fall off the bike, hitting his head on the ground.

Court Decision: The central issue in this case is whether the claimant can establish that it is more probable than not that he fell from his bike because there was a defect in the bike which led to the handlebar breaking, thereby causing the claimant to fall from the bike. The Court does not consider it to be necessary to determine the precise mechanism which led to the handlebar breaking. It is enough and the Court looks at whether the evidence supports the conclusion that, as a matter of on a balance of probability, the handlebar was defective in a way which caused it to break leading to the cycling injury. The Court concludes from all of the evidence that the left handlebar of the clients bicycle was defective causing it to break and that it was that defect which caused the cycling injury with the result that the client fell off the bike and suffered serious injuries, as a standard non-defective handlebar would not have broken in such a manner.

How Claim Today makes a claim in time for you: This case makes it easier for you to claim as you are not required to detect the precise mechanism of a defective product. Rather, it is sufficient to prove the higher probability of a defect causing personal injuries rather than having to prove it was that actual defect that caused the injury. The claim time is now, thus don’t delay calling today if you have been injured by any defective product.

When to Claim 

Product Liability means personal injuries caused by A faulty product. loss of or damage to property caused by your faulty product. Any time you have suffered injury from a defect in a product it is your claim time and your right to make a claim for damages. If you have suffered injury and this may be due to Product call us now on 0800 29 800 29 or email info@claimtoday.com

Examples of Product Liability:

Manufacturing defects, such as children’s toys containing toxic materials at an unacceptable level or a bicycle with a defectively manufactured steering bar

Defective design, such as a badly designed coffee maker that sprays hot liquid on users or medical devices causing new injuries to sufferers

Failure to warn, such as pills that do not include a warning on their labels about their side effects, toys that do not have warning labels or that do have unclear, poorly expressed warning labels

Any service or product causing injury, like beauty treatments or electrical items.

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