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Not everyone who looking to buy clothes, furniture, electrical goods or other consumer items wants to go to a high street shop, retail superstore or online to buy a new product, many are happy to spend less on a second hand item but they need to be aware they do not have the same legal protection and ability to make a product liability claim should a personal injury occur.
If someone suffers harm as a result of a defective product, despite it being used properly, the manufacturer of the item may be responsible for the injury and possibly paying compensation, but this does not apply to a private individual who sells a used product to another person.
With the growth in online auction and sale sites, second hand trading has become international and, even in the UK, buyers don't usually see what they have bought until it arrives on their doorstep.
Although there may be disappointment for other reasons, an item such as a book, dvd or dress is unlikely to be the cause of any kind of problem for the buyer regarding safety. However, electrical products, for example, are much more likely to generate both consumer complaints and, possible safety issues.
When buying second hand from someone it is very much a case of buyer beware because, should an accident occur due to an existing fault in the purchased equipment, the victim will have far more difficulty in obtaining legal redress than if the item had been bought from a business.
In the vast majority of instances, if there is a dangerous fault, or potential hazard, the seller of the item is unaware of the problem and, when challenged, would say he sold the product in good faith and it would be difficult for the sufferer of any incident to prove this was otherwise.
Recourse to the courts in a private case could be costly and time-consuming for little financial benefit to the personal injury victim, despite having suffered as a result of a faulty product.
If a second hand item has been bought from a business which trades openly in used goods, the firm will be subject to the same laws as if it sold new items and must ensure its stock is suitable for the purpose for which it is being bought.
A buyer will have to take into account the age of the item and the price paid and cannot expect something which is used to have the same length of further usage as one which is new. This also applies to an item labelled as seconds', meaning it may not be of the same standard as first quality.
Some traders in second hand items, including charity shops, have prominent signs declaring the customer must take responsibility for their purchases and should examine them thoroughly before leaving the premises. Also, if a fault is pointed out or completely obvious but the customer is still willing to buy the product, they will have reduced their rights to complain.
Product liability law and YouClaim
You Claim's experienced product liability lawyers are able to advise and represent clients across the UK if they have suffered a personal injury as a result of a defective product or service.
Having a sympathetic, friendly approach, all of them are supervised by the Solicitors Regulation Authority so you can be sure not only of having the law and procedures explained in plain English but there will be a completely professional service offered to you.
Using our no win, no fee system means it doesn't have to cost you a penny to find out if you or a loved one are eligible to make a compensation claim for pain, suffering or loss of earnings which was not your fault but the result of using a dangerous product.
If you would like to talk to someone on our legal team and find out about the scheme where you will receive 100% of any compensation won for you by YouClaim, why not call us now or ask for a call back at a convenient time.
E-chat is available here or you can give us some information on the online claim form. Keep a note of our freephone number for product liability and all other personal injury claims, it's 0800 10 757 95
