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Defective Product Injury Claims

Defective Product Injury Claims

Where a product is purchased by a consumer a contract exists so that the customer can expect that the product is of a certain quality and standard. Should a defect in the product cause an injury to the consumer then the consumer may well have a cause to bring a personal injury case arising from the defect.

Product defects are an extremely embarrassing area for companies and can have damaging effects for their public relations. Recalls for products such as airbags in cars (Tanaka airbag recall 2016) and chocolate bars (Mars bar recall 2016) for example can result in thousands of units being recalled and in some cases on a worldwide basis.

The courts will consider certain factors in these cases. They will look at the standard of care the product should afford and the seriousness of any personal injury accrued. Court awards for damages arising from such defects can be quite high and remedies are sought against the manufacturers or the manufacturers of component parts of the product. This liability can sometimes be extended to importers of the product in cases where the manufacturer cannot be located or identified.

To make a claim for personal injury it must be proved that the resulting injury or damage was as a result of the products manufactured or design and that the defect was not corrected prior to the product being put on the market for consumption. this therefore establishes a casual chain between the manufacturers defect and the personal injury caused to the consumer.

The Liability for defective Products Act 1991 section 5 outlines that a product is defective where it fails to provide the safety which a person is entitled to expect, taking all circumstances into account. These circumstances include the use, the presentation of the product and the time it was put into circulation. The act cautions that a product shall not be considered defective for the sole reason that a better product is subsequently put into circulation.

If you have suffered a personal injury as a result of a defective product please call (01) 910 9996 or contact us on our query box to the bottom of this page.

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