Product Liability

Posted on

Who are BL Claims Solicitors

BL Claims Solicitors specialise in personal injury, clinical negligence and travel claims, providing our clients with hands-on support, nationally.

We are rated as one of the top firms in the UK and believe in speaking to our clients in jargon-free language and ensuring you're speaking to a highly qualified lawyer right from the outset

There are three potential grounds for bringing a claim for compensation.


The first, is that the defective product will probably result in a breach of contract, and therefore the person who purchased the product can claim against the seller for the breach.   The breach results from implied terms set out in section 14 of the Sale of Goods Act 1979 which states the  all goods/product should be of a satisfactory quality and fit for the purpose it is meant.    The fact that it caused injury may be sufficient to establish this breach.


The second option is to bring a claim in negligence, this can be brought by the injured person even if they did not purchase the product. There is a very famous case in negligence where the rights to claim were established called "Donoghue  v  Stevenson" which goes all the way back to 1932.This case involved a person who drank some ginger beer out of an opaque bottle so the contents could not been seen, that had been bought for them. The contents of the bottle contained the remains of a decomposed snail which resulted in the person drinking it becoming ill.  He sued the seller.  To be successful,  in negligence  you need to show  (i)  that the person  you are holding responsible was at fault for the defective product , as well as (ii) that they owed you a duty of care and that they breached that duty and  then (iii) due to that breach you suffered an injury.    The consumer of the bottle of ginger beer was successful because the seller owed him and all other consumers and duty to sell safe products,  they breached that by selling a bottle containing the snail and that he had unfortunately suffered sickness as a direct result.

The third  option is the Consumer Protection Act 1987 which was introduced to comply with a 1985 European directive. The Act provides strict liability where damage/injury has been caused by the defective product. The product will be considered defective if the safety of the product is not what you would generally be entitled to expect subject to product warnings.    In the case of Ide -V -ATB Sales Ltd(2008) the courts found that  as the client proved that the product was defective there was no need the claimant to prove cause as well.

So if you have suffered a injury and damage due to a faulty product, here are some important points to remember; 
1.    Proof will be needed that the product caused the injury or damage. So when you can it is always handy to write a brief note on how you became injured as all    our memories fade over time.   If anyone witnessed the accident, take a statement from them as well. 
2.    Keep  the purchase receipt and retain the faulty product,
3 .  Take photos of the defective product  and aftermath; 
4 .   Prepare a diagram to show how the product caused the injury.  
5:    Remember you have three years to bring a claim for injury caused by a product, but it is better to do so straight away when you are able to provide 1 -4.   Without the product you are unlikely to be able to prove the defect and your case will fail.


I hope you  will be happy with your gifts/products but if you or a member of your family require assistance they can contact our highly trained team here and we will be more than happy to provide help and advice.   



David Chilcott
Associate of the Institute of Legal Executives  
Personal Injury team

BL Claims Solicitors are here to help

If you would like to talk to someone and discuss a potential claim please call us on 0344 620 6600 anytime between 8am and 6pm Monday to Friday, or if you would prefer you can email us at info@blclaims.co.uk