Product Liability and Personal Injury Compensation Claims in the UK
| by Julian Hall | January 09, 2006
There are strict laws in the UK governing the manufacture and sale of products. If a manufacturer sell a product that is defective and the defects cause injury, loss or damage then that manufacturer is liable to pay compensation.
Fortunately, suing a manufacturer for compensation in a product liability case is easier than you think.
Products Liability is generally considered a strict liability offence. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
PRODUCT LIABILITY - FAULTY GOODS
These are cases arising out of a situation where products are defective and cause injury as a result of the defect. If you have been injured as a result of purchasing a standard consumer product which is defective, then you may be able to claim compensation from the manufacturer/supplier as well as individuals/companies through whom the goods may have passed.
Defective household products can result in serious injuries, or even death. Defective household products that injure consumers may result in a product liability claim.
One of the most common terms to arise in product liability litigation is defect. In the eyes of the law this term has a broader meaning than one might expect. The law considers any product which is unreasonably dangerous for its intended use to be defective. In considering this definition, it is important to remember that the term unreasonably dangerous is crucial to the meaning of the term defective. Thus, a product may be inherently dangerous but have such utility that the danger is one which would not be considered unreasonable.
Manufacturers are almost always covered by insurance and claims for damages usually fall into four categories:-
Defective Design
means that an item is inherently dangerous because of inadequate design.
Defective Manufacture
generally occurs because of a quality control failure ensuring that the item does not achieve the required specification.
Defective Warnings
do not accurately reflect the dangers associated with the item or adequate warnings may have been minimized by the salesman.
Negligent Surveillance
occurs when a manufacturer does not properly warn consumers about an items subsequently discovered lack of safety.
Fortunately, suing a manufacturer for compensation in a product liability case is easier than you think.
Products Liability is generally considered a strict liability offence. Strict liability wrongs do not depend on the degree of carefulness by the defendant. Translated to products liability terms, a defendant is liable when it is shown that the product is defective. It is irrelevant whether the manufacturer or supplier exercised great care; if there is a defect in the product that causes harm, he or she will be liable for it.
PRODUCT LIABILITY - FAULTY GOODS
These are cases arising out of a situation where products are defective and cause injury as a result of the defect. If you have been injured as a result of purchasing a standard consumer product which is defective, then you may be able to claim compensation from the manufacturer/supplier as well as individuals/companies through whom the goods may have passed.
Defective household products can result in serious injuries, or even death. Defective household products that injure consumers may result in a product liability claim.
One of the most common terms to arise in product liability litigation is defect. In the eyes of the law this term has a broader meaning than one might expect. The law considers any product which is unreasonably dangerous for its intended use to be defective. In considering this definition, it is important to remember that the term unreasonably dangerous is crucial to the meaning of the term defective. Thus, a product may be inherently dangerous but have such utility that the danger is one which would not be considered unreasonable.
Manufacturers are almost always covered by insurance and claims for damages usually fall into four categories:-
Defective Design
means that an item is inherently dangerous because of inadequate design.
Defective Manufacture
generally occurs because of a quality control failure ensuring that the item does not achieve the required specification.
Defective Warnings
do not accurately reflect the dangers associated with the item or adequate warnings may have been minimized by the salesman.
Negligent Surveillance
occurs when a manufacturer does not properly warn consumers about an items subsequently discovered lack of safety.
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