Defective Product Liability Claim *

A defective product liability claim * arises when a person sustains a personal injury *. Because of a design or manufacturing error which was not identified before the product was released for sale. According to the Liability for Defective Products Act, 1991, the onus lies on the injured person to prove how the accident happened. They also must show that the defect caused the sustained injuries. Faulty products pose a serious threat to the health and safety of the end user. Product liability laws are not as straight forward as other personal injury claims *. Therefore, it is advisable that you speak with an injury claims solicitor to determine whether your case is suitable or not.

Goods may be faulty and defective for a number of reasons. More often then not it is the manufacturer who is found liable for any accidents or injuries sustained. However, in some cases, it can be the retailer who sold the product who is found liable if they have been damaged while on sale in the shop. It is important to note that an important first step in the claims process is determining who is liable for the cause of the accident. Defective product examples can include vehicles, beauty products, electrical equipment, gardening tools, children’s toys and medical devices.

Liability for Defective Products Act, 1991

This Act is in place to determine liability for injuries sustained as a result of a defective product. This Act states that the manufacturer will be held responsible for any damages to either property or an individual caused as a result of product defects. A product is deemed to be defective if it fails to provide for the health and safety of a person. The producer of a product is expected to show a duty of care to all customers. Especially when determining if a product is defective. This Act takes the following into account;

• When the product was made available
• The presentation of the product
• How the product is expected to be used

It is important to note that a product is not seen to be defective if a better product is made available. When making a defective product claim *, it is the responsibility of the injured party to prove that any injuries or accidents were caused as a result of the defects of the product.

A producer will not be found liable if they can prove that the defect which caused the injury did not exist. Especially at the time it was placed on the market or if there was a defect in the design. This is because they may have only provided a component of the product which did not contribute to any accidents or injury.

Who is the producer?

According to the Liability for Defective Products Act 1991, the producer of a product is generally identified as anybody who:

1. Is involved in the manufacturing of a finished product or its individual parts
2. Processes any raw materials such as livestock, farming or other soil products
3. Puts their own name or trademark on the product
4. Imported the product from a place outside the European communities

Product Defect Types

There are a number of defects in a product that can make it unsafe to use and that have resulted in a product liability claim, the most common three some include;

• Manufacturing Defects: This is generally as a result of a defective component or material which is used during the manufacturing stages of production. A common cause of this is poor workmanship or using cheaply produced materials which may not be of a high quality. In this case, it will be the producer of the product who is seen as liable for injuries sustained as a result.
• Design Defects: This is an issue with the design of the product which makes it dangerous to use. This can still occur even if the product is manufactured correctly with the highest quality materials. This could result in the product being unsafe for the intended use.
• Marketing Defects (Insufficient warnings or directions): This is one of the most common types of product defects. It is generally associated with failing to make people aware of any known hazards or dangers associated with the product. Every retailer and manufacturer has a duty to ensure that all consumers are notified of any risks. An easy way to communicate this to the customer is to place warning labels on the product. Which outline any important information that is needed to ensure the safe use of any product.

Common Injuries

• Cuts and lacerations
• Broken bones and fractures
• Neck and Back injuries
• Injuries to the legs and feet
• Nerve Damage
• Traumatic Brain Injury (TBI)
• Illness
• Internal injuries
• Fatalities

Causes

• Defective Materials

Using defective materials is one of the leading causes of faulty products. This can lead to the product breaking or causing injury to the person using it. This can occur even if only one of the components is defective. The manufacturer has a duty of care to ensure that this does not happen and that they are using good quality materials.

• Poor Design

A poorly designed product can lead to it becoming inherently dangerous to use. This can lead to various injuries being sustained. All products should be designed so that they are practical and safe to use for the purpose intended, and also for anything else that the product can be used for.

• Lack of Training

Lack of training of manufacturing employees can lead to faulty and defective products as they may not be aware of how to correctly produce the item. It is important that all employees are trained prior to carrying out the task required. Training helps to ensure that products are manufactured correctly and to the highest standard so as to avoid any injuries from being sustained during use. It is up to the employer to ensure that this training is provided to all staff.

• Failing to notify Consumers

All retailers and manufacturers have a responsibility to ensure that they make people aware of any known hazards or risks associated with the use of a product. Failing to do so can result in unsafe use which may result in injuries being sustained. If a retailer is aware of any potential dangers which may lead to the occurrence of an accident they should make use of warning signs and labels which clearly outline the information which is to be made available to the customer.

TELL US ABOUT YOUR CASE

To talk in more detail about any aspect of this topic, you can contact our personal injury solicitors * on 01 649 9900 . Or email us at ask@traceysolicitors.ie to tell us about your defective product liability claim *.

With over 30 years’ experience, Tracey Solicitors ensure not to overwhelm you with legal jargon. Tracey Solicitors can provide you with legal advice and guidance with your best interest at heart. On top of this we can use a language that you can understand.