Who to Blame for an Injury caused by Damaged or a Defective Product

Who to Blame for an Injury caused by Damaged or a Defective Product

The Consumer Protection Act 1987 was brought in to help customers who have suffered death, injury or damage to their property from a defect in a product. An important aspect of the Act is that it makes producers strictly liable for their defective products which have caused harm. This means that to make a claim you do not have to prove that the manufacturer acted negligently.

It does not matter if you purchased the product or you were injured at work.

Who should I blame?

Producers who are responsible for the defect. This includes those who made part of the product which was defective or those of an industrial process who made the particular part of the product which caused a defect.

An example of this would be a car manufacturer which makes engines. If the engine malfunctioned and caused an injury then the car manufacturer would likely be liable for your injury. If the exhaust which was attached to the engine caused the accident, and this was bought from another company, they it is likely that both companies could be liable. On the other hand, if the oil which was put into the engine caused the malfunction, the oil company could be liable for your injury.

There are others who could be to blame, such as those who have put a trade mark on the product as this is usually a mark of quality or the importers of products into the European Union.

What does defect mean?

A product is defective if the safety of it falls below what you would generally expect and there is a risk that you could suffer personal injury or damage to your property.

Although this seems wide in scope there are some exceptions. For example the court will take into account the marketing of the product, any mark attached to it, and if any warnings informed the customer to not use or do anything with the product in a certain way. It would also be examined if the product was being used reasonably for its proper use at the time.

Are there any exceptions?

• If the product was made in compliance with a UK or EU law
• If the person proceeded against did not supply the product
• If the product was made in the course of business or without a view to making profit
• The defect did not exist at the relevant time
• If technology at the time meant that the producer could not have known about the defect while they were under his or her control
• If the component formed part of another product and the defect was due to the design of that product with instructions given by the producer of the finished product

Are there any exceptions to what I can claim?

• A claim under £275.00 is exempt under the Act
• There is three years to claim from the time of the offense