Product Liability Claims

When you buy a product, you are entitled to expect that it meets specific standards and is safe to use. However, that is not always the case, and the goods we buy can sometimes be defective and cause an injury. In such cases, you may be eligible to make a product liability claim.

Product liability claims can arise from manufacturing defects, design flaws or inadequate warnings or instructions. They can involve any items, including vehicles, household appliances, medical devices and cosmetic products.

If you suffered an injury because of a faulty product, we are here to help. Call 0800 470 0474 today or request a call back, and you will receive a free case assessment to find out within minutes if you can proceed with a claim and how much compensation you could be entitled to.

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Table of Contents

• What is a product liability claim?
• Am I entitled to make a product liability compensation claim?
  • The common law of negligence
  • The Consumer Protection Act 1987
• How do I make a product liability claim?
• What are the legal duties of manufacturers?
• What injuries could a faulty product cause?
• Can I claim compensation for faulty medical products?
• Common defences in product liability claims
• What is the time limit to make a claim for product liability?
• How much compensation could I receive for an injury caused by a product defect?
• Can I make a product liability claim on a no win no fee basis?
• Will I need to go to court for a defective product claim?

What is a product liability claim?

A product liability claim is a type of personal injury claim that can be brought by anyone who suffers an injury or illness because of a faulty or defective product, such as:

• A defective appliance that has caused a fire or electric shock.
• Faulty playground equipment that broke and injured a child.
• A vehicle with defective brakes that has caused an accident.
• A circular saw with a faulty safety guard has caused a deep laceration.
• A flawed cosmetic product that has caused asthma or a chemical burn.

These claims allow you to seek compensation from the manufacturer, distributor or retailer responsible for supplying the product.

Am I entitled to make a product liability compensation claim?

There are two legal frameworks for claiming compensation for injuries caused by a faulty product:

The common law of negligence

A negligence claim is based on the fact that the defendant owed the claimant a legal duty of care, which they broke. To make a claim for negligence following an injury caused by a defective product, you must be able to prove that:

• Another party, such as a manufacturer, owed you a legal duty of care to provide a safe product.
• They breached this duty by failing to meet the standard of care required of them.
• You suffered harm and loss as a direct result of their negligence.

The Consumer Protection Act 1987

The Consumer Protection Act 1987 imposes strict liability on manufacturers, distributors and sellers of goods. This means you do not need to prove negligence to make a claim for compensation under this Act. You must only prove that:

• The product was defective.
• This defect caused your injury or illness.
• The defendant is responsible for the product.

The easiest way to determine if you can proceed with a claim through one of these channels is a free consultation with a product liability solicitor. They will evaluate your case and advise you on your legal options.

How do I make a product liability claim?

The first step in making a defective product claim is to seek legal advice from a specialist solicitor. They will assess your case and explain your legal options. If you can proceed, they will help you collect all relevant evidence, which could include:

• The defective product itself, its packaging and instructions.
• Proof of purchase, such as a receipt, invoice or credit card statement.
• Evidence of your injury or illness from your GP or the hospital.
• Photographs of the incident caused by the defective product and your injuries.
• Statements from witnesses and your own testimony.
• Proof of related financial losses and expenses.

Your personal injury solicitor will handle all the other steps of the claims process, from sending a letter of claim to the responsible party to negotiating a settlement or representing you in court.

What are the legal duties of manufacturers?

Manufacturers have a legal duty towards consumers to:

• Ensure that their products are designed in accordance with the relevant safety standards.
• Conduct thorough research and rigorous testing before releasing a product to the market.
• Ensure products are safe for their intended and foreseeable use.
• They must provide clear instructions for use and adequate safety warnings.
• Monitor products after release for safety issues.
• Immediately recall or withdraw the product from the market in case of dangerous defects.

A failure to comply with these duties can lead to a claim for negligence if you are injured by a defective product.

What injuries could a faulty product cause?

Product defects could cause harm ranging from minor cuts and rashes to severe, life-changing injuries. These may include:

• Burn injuries from products that overheat or catch fire, or chemical burns from cosmetics.
• Cuts and lacerations from sharp edges or faulty guards on machinery.
• Electric shocks from faulty electronics with exposed wires or poor insulation.
• Broken bones from defective ladders, furniture or bicycles.
• Spinal injuries from road traffic accidents caused by defective vehicles.
• Head injuries from severe falls caused by a faulty safety harness.
• Internal injuries or poisoning from products that contain toxic materials.
• Illnesses from contaminated food or medication.

The type and severity of the injuries that the product has caused will determine how much compensation you may be entitled to receive.

Can I claim compensation for faulty medical products?

A vast range of tools, equipment and other medical products are used to diagnose, treat and monitor patients, including:

• Imaging equipment such as CT scanners and ultrasound machines.
• Surgical instruments like laparoscopic tools and scalpels.
• Medical implants like pacemakers, hip replacements and insulin pumps.
• Mobility aids such as wheelchairs, prosthetics and crutches.
• Prescription drugs, over-the-counter medicines and vaccines.

If a medical product is defective, the consequences for the patient could be catastrophic. These can include failure to diagnose a medical condition, physical harm, contamination and infection. In such cases, it is possible to make a faulty medical device compensation claim.

Common defences in product liability claims

Some common defences in product liability cases that manufacturers or distributors may use include:

• The injury was caused because the product was not used as intended or directed.
• Your own actions or carelessness contributed to the injury (contributory negligence).
• The product was not defective when it was put into circulation on the market.
• The defect occurred at a later stage due to external factors.
• The defect could not have reasonably been known or discovered at the time the product was manufactured.
• The product was modified after leaving the manufacturer.

Your solicitor will have experience with these types of claims and the common strategies that manufacturers employ to argue against their liability. They will focus on gathering evidence that proves the defendant is responsible for your injury, despite what they may claim.

What is the time limit to make a claim for product liability?

Under the Limitation Act 1980, you can typically start a claim within three years from the date you were injured by a faulty product. There are a few exceptions:

• The three years may begin from the date you became aware of the injury and its connection to the product (the date of knowledge).
• Child injury claims have no limitation date until the child’s 18th birthday.
• There is no time limit to claim on behalf of someone who lacks mental capacity due to an injury or disability as their litigation friend.

Furthermore, claims for injuries caused by faulty products must be brought within ten years after the product was put into circulation.

How much compensation could I receive for an injury caused by a product defect?

The compensation for claims arising from defective products is calculated based on two types of damages:

• General damages cover the injuries caused by the product and their subjective impact, including physical pain, suffering and loss of amenity.
• Special damages cover the related financial losses, such as private medical care and loss of wages during recovery.

You can use our online compensation calculator to get an estimate of how much you could receive for your injuries.

Can I make a product liability claim on a no win no fee basis?

Yes. If you have a valid case, our team of product liability lawyers will help you claim compensation under a no win no fee agreement. This means there is no financial risk to you, because:

• You will pay no upfront legal fees.
• If your claim is unsuccessful, you will not have to pay anything at all to your solicitor.
• If you win compensation, your injury lawyer is entitled to a success fee for their work. This is a percentage of the compensation you receive (legally capped at 25%) and is agreed upon at the start of your claim.

Will I need to go to court for a defective product claim?

It is highly unlikely that you will need to go to court to settle your claim. More than 96% of all cases are resolved through negotiations between the parties, as this is faster, less stressful and involves fewer legal costs. A claim may only go to court if:

• Liability is disputed.
• You cannot agree on a compensation payment.
• You want to apply for interim payments.
• The case involves particularly complex legal issues or high-value damages.

Contact us for a free case assessment if you were injured due to a defective product. Please call 0800 470 0474 today or enter your details into our contact form to request a call back.

Last edited on 1st Sep 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.