As a customer, you should always feel confident that the things you purchase are safe to use, particularly in your own home.
What is a Faulty Product injury?
It is a situation in which someone is injured as a result of using a product that does not perform properly and causes physical harm. If a faulty product has harmed you or caused damage to your property or possessions, you may be able to claim compensation from the manufacturer.
Common faulty product examples include:
Falling off a ladder that was not strong enough
An injury caused by a chair that broke beneath your weight
Burns caused by an electrical equipment that caught fire
Poisoning caused by food that was contaminated
Rash or scarring caused by defective or outdated cosmetics
Some types of services are also included under defective products. For example, if you are injured by a service provider such as a hairdresser or masseuse, you could claim compensation for injury due to a defective product.
How much compensation can I claim for a faulty product?
Because each faulty product damage is unique, the amount of compensation paid out may change between claimants. The magnitude of your injuries, loss of wages, and expected future losses are all factors that contribute to the ultimate sum.
Am I eligible to make a claim?
The manufacturer and sellers of products have a duty to ensure that the products they produce and sell are safe to use.
The law requires all manufacturers to ensure that all products that are put out in the market for consumers to buy are safe to use.
According to the Consumer Protection Act 1987, anybody who sustains a personal injury due to a faulty product may be entitled to recover losses for their personal injuries as well as damage to their property and possessions.
You may be able to make a claim if:
You have experienced your injury in the last 3 years
Exceptions to the 3-year rule includes industrial disease, or if you were a child at the time of the faulty product injury
What is a Faulty Product injury?
More often than not you will meet stiff resistance from the retailer when you try to claim compensation, whether in the form of a refund, repair or replacement. To make a successful defective product injury compensation claim, there are a few things you must do.
Steps necessary to make a successful faulty product injury claim:
Take photographs Take photographs of the defective product and make a detailed note of the accident, complete with the date and place where it happened as well as the how it happened.
Keep documentation Keep all documentation relating to the product, especially proof of purchase. It’s okay if you do not have the purchase receipt. Anything that you can provide as proof that you bought the item from that particular retailer will do. This could include your credit card statement, bank statement or even a cheque stub.
Other expenses Keep all documentation relating to the product, especially proof of purchase. It’s okay if you do not have the purchase receipt. Anything that you can provide as proof that you bought the item from that particular retailer will do. This could include your credit card statement, bank statement or even a cheque stub.
Report to retailer and manufacturer Report the defective product accident to the retailer and manufacturer as soon as possible. If the problem occured within 30 days of purchase contact the retailer and tell them you would like to reject the item and get a full refund. If 30 days have passed, you are still entitled to get the item repaired or replaced. If you are within the guarantee period, contact the manufacturer and ask for a refund.
Send a formal letter If both the retailer and manufacturer refuse to address your complaint, write a formal letter informing them that you are rejecting the faulty item under the Consumer Rights Act 2015. Also inform them that you will be pursuing the matter in the small claims court unless a full refund is offered.
If, after sending the formal intimation, your problem is still not resolved, you may be able to claim compensation by filing a case in the small claims court.
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