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The news in early 2009 that a company distributing cheap pregnancy-testing kits decided not to recall the products despite a government investigation into the product demonstrated that assessing product liability claims is not always straightforward.
The company, which was selling its pregnancy tests at two for a pound, argued that there had been no reports of personal injury or the threat of personal injury as a result of using the product; however, both the Trading Standards Agency and the Medicines and Healthcare Products Regulatory Agency felt that the product merited investigation.
It has been successfully argued in some claims that pregnancy is not a personal injury but a natural physiological function, even if unwanted, so a product that can be shown to have contributed to a pregnancy through its failure may still not be liable to a faulty product injury claim. This may, however, be fairly described as a complex issue that requires a qualified personal injury solicitor and a full awareness of the facts before a decision can be made regarding the likelihood of success of such a claim.
There may still be labelling and approval issues for such a product, and it was because of this that the pregnancy-testing company had made preparations to issue a recall notice should it have become necessary. Unlike the stories where, for example, confectionery companies recognise that salmonella in their products may cause illness and related product liability compensation payments, their decision regarding a recall may have been pre-emptive if made immediately at the time the issue arose.
Cutting through complexities in a product liability claim
If you have suffered personal injury as a result of using a product that proved to be faulty, dangerous, or lacking in instructions, then it is possible that you may be entitled to make a no win, no fee claim for the damage suffered.
Here at YouClaim, we can provide the expertise that will clearly lay out the strengths and weaknesses of your case, without jargon and without pressure. If you decide, on the basis of that information, that you want to proceed with a claim, then we can also set you up with the best no win, no fee solicitor from our expert panel, which is entirely governed by the Solicitors Regulation Authority.
And all product liability cases can be handled under our free model - win or lose, you pay nothing to us, to your opponent or towards any other costs that arise in the compensation claim. And you can rely on receiving 100 percent compensation in a won case.
To discuss your claim with our team of advisors, simply call 0800 10 757 95, chat to us online or use our online claim form, and someone from our product liability claim team will be ready to help you.
