Defective Product Claims

Defective products may cause injuries or some other damages to consumers hence the company that manufactures the product should conduct stringent quality test to avoid any mishaps. When they fail to do this, you might end up using a defective product and is put at a risk of personal injury. If you are injured or suffering any other loss or damage because of a product then you can go for a defective product liability claim.



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Defective products and Personal Liability Law
Claims for defective products
Product Liability Law
The legal measures for Product Liability
Steps that need to be taken
Product Liability Law


Defective Product Claims and Product Liability Law

We need lots of products to use for our day to day life and so we buy them according to our demand. As a consumer, you have certain rights and the most basic one is "How safe the product is while using it?". The companies involved in producing a product need to carefully design and manufacture reasonably safe products to consumers.

Claims for defective products

The broad range of defective product cases narrows down to three claims category of product liability.  They are (i) Defective manufacturing (ii) Product's faulty design; or (iii) manufacturer fails to give precautions warnings or have given incomplete instructions on how to properly use the product. By understanding these three basic claims, clearly helps you to understand the strategy which you may use present your case and also to make a valid claim for your defective product. When you are making a claim, in addition to showing that your product is defective you also need to show that the defective nature of the product has only caused injury.

Defectively manufactured product

Defectively manufactured product occurs when there is some error in making the product. It happens in the factory place where it is produced. For example: a bike manufactured with missing brake pads, a swing set with broken chain link, also in general installing wrong components in a product, a product using incorrect screws, etc.

Faulty or defectively design

Faulty or defectively design occurs in initial planning stage itself and when it is wrongly designed it causes injury while using the product. For example: a particular model of car which can catch fire easily in certain conditions, a defectively designed model of a bike which can skid easily, particular type of sunglasses with failed protection from UV rays.

Incomplete instruction

Incomplete instruction occurs when there is insufficient warning or instructions provided along with the product for its safe usage. Here, the manufacturer fails to warn the consumer about reasonable dangers of his product or special precautionary steps to be followed while using it. A clear and easily visible warnings need to be present. For instance, a medicine which can become a danger when combined with another medicine, an adhesive which needs gloves to handle it, a cleaning liquid with toxic fumes which needs mask to wear while using it etc.

Product Liability Law

Defective product claims: Product manufacturers, their distributors and the retailers have to bear the sole responsibility of providing safe and functional products to the consumers who use them. Product liability refers to a manufacturer or a seller who holds responsibility for giving a defective product to the consumers.  Product Liability Law helps those affected consumers to apply for claim for their injury.

Product liability cases usually starts from simple toys that kids play with to any farm machinery used in farming and they refer to any simple product that can turn to dangerous one.

Examples would be: a wrongly labeled product that causes injury, automobiles with defective designs, an improperly tested medicine etc.

  1. Breach of warranty: Warranty is a guarantee that manufacturer promises for purchaser in case of any repair or replacement within a specific time limit. Breach of warranty takes place when a seller fails to support the warranty or claim about his product.
  2. Strict Liability: This focuses on the actual product that is produced rather focusing on the behavior of the manufacturer itself. If the product is defective, the manufacturer is legally answerable even though the manufacturer was not negligent while producing that defective product.

Steps that need to be taken if you are injured with a defective product

To make the claim, we need to prove successfully your personal injury was due to an action or inaction of another person.

First and foremost step that you need to do is to report about the product accident as soon as possible to the person who is responsible for that.

Collect the witnesses to the accident also take photographs of the faulty product.

It is always better to retain the original purchase receipt for the dangerous product as it is required as evidence to prove that it has been purchased properly.

Also, if you are going to claim expenses as part of your faulty product injury claim then don't forget to preserve the receipt as evidence. It might include traveling expenses, prescription expenses etc.

Product Liability Solicitor

There are some guidelines involved in claiming for faulty product (i) strict time limits are involved in compensation claim (ii) How much compensation can we claim? etc. An experienced product liability lawyer will evaluate your case and testify the product to know whether it is genuinely defective.

The product liability claim is very important to the injured consumer as it helps him/her to recover from the injury caused by the product's malfunction. Since each and every liability case is different, the lawyer helps you in your case to determine the exact compensation available to you by ascertaining the circumstances. This product liability law not only helps injured consumers but also keeps a check for manufacturer to produce quality and more efficient products

Defective Product Claims: If you have a defective product case, contact Lawyer Dublin to represent your case. Our defective product claims lawyers are experienced in defective product and product liability cases. During our consultation,  you will speak to one of our Dublin solicitors and discuss about your claim and all possible ways of handling your case. Also produce all the evidence to your lawyer for better understanding of your case. You can feel comfortable and confident with solicitors - you have found a right defective product Dublin law firm for your case.