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Product Liability! What is it?

understanding defective products injury claimsHave you ever bought something that wasn’t exactly up to standard? The common answer to that is most probably yes – but has the product caused injury or loss?

The consumer protection act is the law that protects consumers from the risk of illness or injury due to faulty products. This could be from a food source to any household item bought. The act protects the consumer from the products which do not meet a reasonable level of safety.

Of course, 100% level of safety cannot always be guaranteed, but has to be as safe as reasonably possible.

Some cases involving product liability can include:

  • A defective appliance or equipment
  • Defective children’s toys
  • Injuries caused to the hair or scalp caused by salons
  • Defective water supply
  • Defective food source
  • Exploding products such as glass
  • Defective beauty product
  • Defective clinical products i.e. medicines.

The time limit for making a product liability claim is normally three years from the date of the injury or three years from the date of knowledge that the defective product caused the injury, providing it is within 10 years of the date that the product was last put on the market. However, limitations are not always standard so you would need to speak to a qualified legal representative to make sure you’re making your claim in time.

The CPA can impose strict liability on manufacturers of defective products for the harm caused by those products. This means that Claimants do not necessarily have to prove that the manufacturer was negligent, only that the product was defective, and that the injury was caused by the product.

The ‘producer’ of the product is liable for any defects. The producer is normally the manufacturer of the finished product. Not only can making a claim secure the compensation you deserve, it can also draw attention to the negligent manufacturer which may prevent others from the same experience.

If you have suffered an injury caused by a defective product when you were using it in accordance with the manufacturer’s instructions, you may be able to make a compensation claim for personal injury.

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