Supplier responsibility for product liability claims
All employers in the UK have a legal responsibility to both ensure the safety of their goods and services and guard themselves against the prospect of facing a product liability claim.
Although all action possible should be taken to prevent a situation arising where a product liability claim is necessary, every business should take out product liability claim insurance as an extra safety net to provide for both the financial security of the business and as a measure to provide product liability compensation to any potentially affected consumers.
In addition to taking out product liability claim insurance, all businesses must take out employers' liability claim compulsory insurance.
Issues at the heart of employer liability claims may sometimes overlap with those of product liability claims, though generally, they belong to different legal fields, with employer liability claims having more to do with the issue of work accident compensation than product liability compensation.
Another type of compensation claim sometimes confused with a product liability claim is a public liability claim. A public liability claim arises from a situation where a member of the public suffers personal injury or has their property damaged in the workplace or property of a business.
Many businesses take out public liability claim insurance as a precaution against facing expensive compensation claims resulting from accidents involving members of public on their premises.
Businesses and product liability claim insurance
Businesses have a number of responsibilities they must fulfil in order to be free from liability for product liability claims.
Underpinning all these responsibilities is the Consumer Protection Act 1987 which makes a legal prescription that all goods must be "fit for purpose".
While it is often true that manufacturers are liable for consumer's product liability claims, in some circumstances a supplier will be found liable and forced to pay product liability compensation; these circumstances are when:
- The supplier alters the product in some way.
- The manufacturer no longer exists.
- There are issues which complicate identification of the manufacturer.
- The supplier's brand-name is on the product.
- The product has been imported from outside the EU.
Even if none of the above circumstances apply, in order to be free from liability for a product liability claim, a supplier has a duty to show the following:
That they informed the consumer about any potential dangers associated with misuse.
That the product was defective when it was received from the manufacturer.
That they have quality control systems in place.
That the contract with the manufacturer contained stipulations detailing product safety.
That the contract with the consumer included details of how to return defective goods to the manufacturer.
Making a no win, no fee claim for product liability compensation
If you have suffered personal injury or damage to your property as a result of the negligence of either a supplier or a manufacturer, you are entitled to make a product liability claim.
YouClaim are among the UK's foremost product liability claim specialists. Our panel of personal injury solicitors have extensive experience in successfully resolving this type of compensation claim and fulfil the high standards of the Solicitors Regulation Authority.
As we work under the no win, no fee agreement, you can rest assured that you will never, at any stage, have to pay anyone a single penny in costs or fees. We also guarantee that we will never take a cut of your product liability award, meaning that, in the event of your claim's success, you will receive 100% compensation.
In short, our service is both risk-free and cost-free.
If you wish to get your product liability claim underway today, you can contact us in several ways.
Fill out an online claim form, ask us to call you at a convenient time, discuss your claim with a trained legal advisor using e-chat or, if you'd like to speak to someone right now, call us on 0800 10 757 95.
