Product liability claims
When you purchase goods you expect them to be safe. But what if you are out for dinner and you come home with food poisoning? Or use a home appliance which is faulty and it causes an injury? Or your child plays with a toy that hurts them?
What can you do?
It is the responsibility of manufacturer or supplier of goods to ensure they are safe for use or consumption. If they are faulty and lead to injury or illness you then have a legal right to seek product liability compensation.
What is a defective product liability claim?
Defective product or product liability cases are, in simple terms, when a product you purchased is faulty and it leads to an injury or illness.
But although describing the reasoning of a product liability case is easy, actually securing the amount compensation you are entitled to takes expert knowledge.
Our defective product lawyers specialise in a wide range of product liability claims:
Faulty products – any item you purchased such as a laptop, tumble drier, car, bike or any other appliance, product or toy that malfunctioned and led to an injury. We have also seen examples of foreign bodies being found in food that have caused injury.
Poisoning – food poisoning can lead to a range of issues. From E.Coli to Salmonella, our team has looked after many clients who experienced food poisoning. Additionally we have seen cases of carbon monoxide poisoning as well as poisoning following the consumption of contaminated water.
Allergic reaction – all food and drink sold in the UK must clearly state any known allergens including nuts, dairy, wheat and eggs on the packaging, or on the menu if you are eating in a restaurant. This is the law. If you have taken an allergic reaction to something you have eaten and the allergens are not clearly displayed then you may be entitled to make a claim. This is also true if you are in a restaurant and alert staff to an allergy which requires either an alternative menu or cooking process to be followed.
Medical devices – when you see a medical professional you expect to be looked after. But sometimes this doesn’t always happen. We have experience in defective product claims as a result of faulty joint replacements, breast implants, laser eye surgery and serious side effects of medicines that have not been properly tested.
Our specialist defective product lawyers have decades of experience in these types of product claims. They know what is required to fully investigate what happened and use the best experts to back up your case.
The team will work to determine who is responsible for your injuries. This could be the manufacturer of the item, the retailer that sold the product or in the event that someone else installed the product – this could be in your car or home – a third party who incorrectly installed the product leading to your injury.
How can Digby Brown help with my product liability claim?
If you find that you, or a member of your family has been injured by a defective product then Digby Brown has team of personal injury solicitors who specialise in product liability claims.
The team is here to help with the support you may need following a defective product injury or illness caused by a dangerous product.
The Product Liability team can assist with more than just product liability compensation for your injury. It can help with:
Rehabilitation – we can arrange for rehabilitation, such as physiotherapy, to help improve your recovery. As well as any other care needs you may have following an injury caused by a product that was faulty.
Loss of earnings – if you’ve been forced to take time off work because of your injuries and lost income, we can include this as part of your claim. This will make sure that you aren’t left out of pocket through no fault of your own.
Damage – in simple terms if the faulty product has caused any damage to your property then we can recover the cost of this for you as part of your product liability claim.
We recommend that you report the faulty product either to the retailer you purchased it from or the manufacturer. If you’ve found yourself the victim of food poisoning you should report this to the restaurant or retailer that sold you the food as well as your local Environmental Health Department.
Where possible you should keep hold of any documents which show proof of purchase, this could be a receipt or email invoice, and take pictures of the item and the defect that caused the injury as well as the injury itself. It is important to take pictures, particularly when the fault is something like a foreign object in food, to help strengthen your case.
If possible you should keep the product along with its original packaging and any other relevant information such as a user manual or instructions and any communication you had in relation to the faulty product.
Our solicitors will be able to use this information alongside our own investigation, to help build your case. We understand that your injuries, no matter how severe, matter to you. That is why it is our job to do everything we can to help you get your life back to as close to before you were injured as we can.
Mr Robinson was out for dinner when he bit into an industrial bolt that was mixed into the food he was eating. This led to multiple injuries and after initially denying liability the Digby Brown
Product Liability team was able to secure an admission of fault alongside compensation for Mr Robinson.
Aidan Spence was on his way home from a garage after an MOT when the bonnet of his car flapped up while he was driving. This smashed his windscreen and led to chest and back injuries. Via thorough investigations our team found mechanics failed to close the bonnet properly. Proving this negligence meant we were able to secure Mr Spence a four-figure sum for his injuries.
Dorothy had been out on her new bike when the chain wrapped round the pedal after the retailer she purchased it from assembled it incorrectly. This act of negligence led to numerous injuries. Our specialist solicitors were able to secure £6,150 after liaising with medical experts to fully assess the impact of her injuries.
The importance of making a product liability claim
The Consumer Protection act of 1987 states that if a product causes a personal injury and the injury was not caused by misuse, you have a legal right to claim product liability compensation from either the retailer or manufacturer responsible.
Even if the product was manufactured overseas it is the responsibility of the retailer and the company importing the goods to ensure that they are safe and fit for purpose.
The product liability claims process brings faults or errors of a product to the attention of the manufacturer and retailer so they are then able to make sure that this doesn’t happen again.
In many cases this can mean fixing the problem or in some cases a full product recall may be considered.
The ‘No Win No Fee” funding process
We try to make the process of making a claim as simple as possible. We look after the legal jargon and explain everything to you in plain English so that you know exactly what is going on throughout your case.
It is important to note that for most cases there is a time limit of three years from the date your injury took place to make a claim. The sooner you get in touch, the better, as it is much easier to collect essential evidence just after the injury has happened.
If we are able to take on your product liability case we offer ‘no win, no fee’ funding through our sister company Compensate, who will pay for all of the expenses relating to your case. This allows us to fully investigate your case and instruct experts to provide the required reports which support your claim. It also means that we can raise your case in court if needed.
The benefit of no win, no fee funding is that if your case is unsuccessful there is no cost to you, not even a penny. The risk is taken on by Compensate who charge a percentage of your damages if, and only if, you are successful.
No win no fee personal injury solicitors
The expression “No Win – No Fee” is often used in personal injury cases. It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses.
A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful.
In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.
Compensate 'no win no fee' funding
Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.
If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing.
On average our clients receive over 3 times the pre-litigation offer
Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.
In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.
Beware of compensation offers which may be too good
We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.
- How do they make their money if they don’t charge you anything?
- If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
- Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
- If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
- It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
- These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.
We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value.
Getting something for nothing is usually the first sign of poor service.
Correct level of compensation with Digby Brown
Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.
Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.
Contact Digby Brown's personal injury solicitors
For further information about no win no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.
Why should I use Digby Brown for my product liability claim?
Digby Brown is a law firm with seven offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Aberdeen, Inverness and Ayr. We have over 100 specialist solicitors who specialise only in personal injury claims, meaning you can be safe in the knowledge that your product liability case is in the hands of an expert.
Digby Brown is an Accredited Practice with the Association of Personal Injury Lawyers (APIL), and around half of the personal injury lawyers who are accredited through APIL in Scotland work at Digby Brown.
Mark Gibson, head of the Product Liability team, is the only Scottish member of the APIL Product Liability Specialist Interest Group and is accredited by the Law Society of Scotland as a specialist in Personal Injury Law.
This is in addition to Digby Brown being top-ranked for our personal injury work within both Legal 500 and Chambers and Partners for the last 15 years in Scotland, a number of awards and one of the highest rated legal firms on Trustpilot in Scotland.
The Legal Enquiry Team is open seven days a week and can be called on the number below or can call you back if you complete an enquiry form.
We are here to help and know that if it matters to you, it matters to Digby Brown.
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