When supplying products to consumers, the products must always be safe. It is the responsibility of producers, manufacturers, shops and wholesalers to ensure the safety of the product they are selling. Injury may occur when a product is sold in a defective manner, or have been sold to the consumer without adequate instruction and warning.
Under the Supply of goods and Services Act 1982, all products which are sold must be safe. Manufacturers or sellers of the product must ensure that they:
- Warn all consumers about the potential risk of the product
- Provide information to help the consumer understand any potential risks
- Monitor safety of all products
- Take action if a safety fault is found
- Investigate safety compliant
- Co-operate with trading standards
The 1982 Act also sets out that a product or service is to be provided at a reasonable charge and is to be of and expected reasonable quality. Trading standards are responsible for governing the safety and quality of products.
Trading standards have the authority to:
- Order the faulty products to be destroyed
- Order shops to stop selling the product
- Order a safety recall of all faulty products
- Prosecute the manufacturers of the product.
Legal action can be taken against those making or selling unsafe products, with fines or even imprisonment being the outcome.
Those injured by an unsafe product can bring a claim for compensation if the injury was not their fault. A claim can normally be brought for up to 3 years after the date of the accident, and can include any injury, and damage or loss to property caused by the faulty product.
If you think you have a potential claim, call us on our free helpline on 0800 634 75 75 for further advice.
References:
- https://www.gov.uk/product-liability-and-safety-law
