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Sometimes it happens that a product scare will hit news media outlets and internet message boards before its truth and scope have been fully established. In such cases the inevitable talk of a design defect claim is likely to be premature; there is little chance that a good and reputable no win, no fee lawyer will proceed with a case until a number of elementary facts have been established.
This is because cases can be complex, not least because there may exist several conflicting accounts of whether a perceived problem with a product can indeed be classified as a defect.
A good example of this is the Renault Clio bonnet "scandal". Reports of apparently faulty bonnets first started circulating in 2006. Many internet users posted questions on online forms asking other Clio drivers if they had experienced problems with the bonnet suddenly and unexpectedly flying open, usually when travelling at high speed.
Furthermore, the word among police and roadside assistance crews was that there were an unusual number of Clio drivers needing assistance following accidents involving the bonnet flying open.
Soon afterwards the BBC consumer affairs programme Watchdog got hold of the story. Producers even managed to find a former Renault employee to state, "I think it's been disgraceful quite frankly. It doesn't get more serious than putting your customers' lives in danger."
Renault countered that it could in no way be considered liable for any design defect claim because the bonnet problem was a "maintenance issue" relating to the way its customers closed and maintained the bonnets. This was a view supported by the government agency which determines car roadworthiness, the Vehicle and Operator Services Agency (Vosa)
But, said the company, as a gesture of goodwill it would notify all Clio customers of the need for suitable maintenance and would offer a check of the bonnet closing mechanism free-of-charge.
However, the issue still would not go away and in 2010 a number of internet action groups were set up by Clio owners which called for Renault to take more responsibility for the bonnet safety issues by issuing an official recall.
One typical member of such a group comments that when her bonnet suddenly flew open, shattering her windscreen, police arrived at the scene and said, "Not another Clio with a bonnet problem."
Furthermore, she said, "when the RAC arrived, they said they had dealt with lots of similar accidents."
However, Renault remained adamant that the problem was not theirs. A spokesperson with the company said, "No design or construction defect has been found. The bonnet catch mechanism of the Clio II is safe, reliable and fit for purpose, providing the vehicle is maintained correctly and the bonnet closed as prescribed."
Claim compensation for a design defect
Issues of product liability can be complex, so any personal injury litigation relating to this area of the law requires the specialized knowledge of a product liability solicitor.
For example, even if a manufacturer is able to demonstrate that its product is apparently safe, if enough consumers suffer injury because of it, this fact alone may mean that there are grounds for making a successful design defect claim.
YouClaim specializes in providing UK claimants with a personal injury legal service that is completely free-of-charge, win or lose, from start to finish.
Furthermore, we ensure that every penny awarded our clients goes directly to them; this is how we are able to guarantee 100% compensation in a won case.
To find out more about how we may be able to help you, echat, complete an online claim form or speak with an advisor now by calling our compensation helpline, on 0800 10 757 95.
