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Product liability » Product liability defence


In order to understand the product liability claim process it can be useful for any claimant to examine the rights and obligations of the defendant in a product liability compensation claim.

No one rightfully claiming product liability compensation should feel guilty about the process. The vast majority of companies and businesses take out product liability insurance as a safeguard to protecting themselves from any financial losses resulting from a product liability claim.

This is important information to keep in mind for anyone who is using the services of no win, no fee solicitors to make a product liability claim. Businesses and manufacturers take out product liability insurance for the express reason that a consumers right to make a compensation claim for faulty or dangerous goods is clearly prescribed in law.

It is also worth considering that this right underpins the UKs very economic system, as in a free market capitalist economy it is necessary for consumers to have means and systems of redress available to resolve any issues of product liability.

Without this system of product liability compensation, the very fabric of UK economic and mercantile life would very probably collapse.

Against this background, no consumer should feel reluctant to seek out no win, no fee solicitors with a view to making a product liability claim, as by doing so the claimant is not only protecting his rights but also those of other consumers from any complacency or negligence on the part of UK manufacturers and suppliers.

Defences in a product liability claim

When a consumer makes a product liability claim it is important remembering that the onus is on them to prove liability, all the producer need do is disprove liability using one of the following defences:

  • The problem was the result of the interference of another party after the product had been supplied.
  • The producer did not supply the product in the normal course of business.
  • The producer did not supply the product. This would apply if the product had been stolen, or if it had been an illegal copy of the producers product.
  • The problem could not be anticipated. This would apply if scientific evidence predicting a risk with the product is only discovered after the products manufacture and sale.
  • If the company producing the product can show the business responsible for assembling it was negligent in doing so.
  • The problem or defect is the direct result of complying with legislation relating to manufacture of the product or product liability.

In addition to defending any product liability claim resulting from a problem or defect with their goods, a producer may face the possibility of Trading Standards taking enforcement action.

As a result, producers may face the prospect of not only having to pay product liability compensation to the consumer but also an industry fine. In some rare cases, the question of criminal prosecutions may also arise.

Making a no win, no fee claim for product liability compensation

If you have suffered pain, personal injury or distress as a result of a faulty or defective product you may be able to claim product liability compensation.

At HappyClaim, over the years we have forged a strong relationship with some of the UKs finest personal injury solicitors.

Our success rate is testament to just how serious our panel of no win, no fee solicitors will take your product liability claim. You should talk to some of the people who benefited from our services over the years.

So why not get in touch with us today?

To find out more about our UK-leading service or to simply receive some obligation-free and confidential legal advice, complete an online claim form or call us on 01582 437070.