When you go out and buy consumer goods, whether it be a vacuum, bicycle, or hairdryer, you don’t expect them to be defective or cause you harm. So what happens if they don’t meet the standards that they’re supposed to?
In this guide, we’ll explore everything you need to know about claiming defective product compensation. We’ll start by discussing compensation, including how your payout could be calculated and what damages your settlement could incorporate.
Then, we move on to the eligibility. When you purchase consumer goods, you’re protected by various laws that give you the right to claim compensation. We’ll explore these legislations in more detail and talk about the standards that manufacturers are expected to meet.
Following this, our guide will answer some frequently asked questions surrounding the defective product claims process. For example, we explore how long you have to start your claim, and whether or not you can claim if a product made an existing condition worse.
Finally, we’ll talk about the advantages of making a claim for compensation with the help of a No Win No Fee solicitor. While accessing the services of a professional isn’t mandatory in order to make a claim, we always recommend it, because it can make the process feel much more manageable.
Contact Us
If you’re ready to get started, or if you’d like to learn more, get in touch with our team of friendly advisors by:
- Calling us on 0800 408 7826
- Contacting us online
- Using the live chat feature
Browse Our Guide
- Defective Product Compensation Calculator
- Can I Claim For Injuries Caused By A Defective Product?
- What Types Of Defective Products Can Lead To An Injury?
- What Should I Do After Being Injured By A Defective Product?
- Can I Claim For A Defective Product Injury If It Led To My Pre-Existing Condition Getting Worse?
- Make A Defective Product Injury Claim On A No Win No Fee Basis
- Learn More About Claiming For A Personal Injury
Defective Product Compensation Calculator
If you make a successful defective product compensation claim, you will receive general damages. This is the first of two potential heads of claim that can come together to form your final payout.
A defective product can cause a number of injuries, from minor to fatal, which we’ll address later on in this guide. General damages aim to compensate you for the pain and suffering caused by these injuries, and this includes both physical and psychological suffering.
General damages also cover the impact your injuries have had on your life through something called loss of amenity. For example, if your leg was amputated and you could no longer dance as a hobby, this could be quantified under loss of amenity.
When this head of claim is calculated, the Judicial College Guidelines (JCG) can be a helpful resource. The JCG contains a list of different injuries and illnesses, and provides guideline compensation brackets for each one.
Below, you can see some of the entries included in the JCG. Please note that these figures are only guidelines, and the first entry isn’t a JCG figure.
| Injury | Compensation Guideline | Notes |
|---|---|---|
| Severe Injuries (Multiple) And Special Damages | Up to £1,000,000+ | A payout combining both severe injuries and financial losses |
| Very Severe Brain Damage | £344,150 to £493,000 | Life expectancy is reduced, and there is little to no language function. |
| Moderately Severe Brain Damage | £267,340 to £344,150 | A very serious disability, requiring a substantial dependence on others. |
| Chest Injuries (c) | £38,210 to £66,920 | Some continuing disability caused by damage to the chest and lungs. |
| Severe (iii) Neck Injuries | £55,500 to £68,330 | Permanent fractures/dislocations, or serious soft tissue injuries. |
| Severe Back Injuries (iii) | £47,320 to £85,100 | Soft tissue injuries that cause chronic conditions, or disc lesions and fractures. |
| Total or Effective Loss of One Hand | £117,360 to £133,810 | Surgical amputation of all of the fingers and most of the palm. |
| Severe Fractures to Fingers | Up to £44,840 | Severe finger fractures that may lead to amputation or permanent deformity. |
| Damage to Teeth (i) | £10,660 to £13,930 | Loss of or serious damage to a number of teeth. |
| Burns Covering 40% or More of the Body | Likely to exceed £127,930 | The severity and effects of the burns affect this bracket. |
Can I Claim For Loss of Earnings Caused By Defective Product Injuries?
In some cases, your injuries may be so severe that you are unable to work. This could be temporary, or in more serious cases, you could be permanently unable to find employment. In either case, you could potentially claim back your past and future lost wages under special damages.
This head of your claim covers the financial losses caused by your injuries. For example, this might include the cost of:
- The item itself
- Prescriptions
- Childcare
- Prosthetics
- Medical expenses
- Housekeeping
- Travel
- Home nursing care
- Home adjustments
To learn more about what your defective product compensation could contain, contact our team of advisors today.
Can I Claim For Injuries Caused By A Defective Product?
Yes, you have a right to make a defective product claim if you buy consumer goods that don’t meet the expected standard. Whether the item itself is defective, or if it’s defective and caused an injury, you can make a claim either way.
This is because your rights are protected by legislation, such as:
- Consumer Rights Act 2015: As per Section 9 of the Consumer Rights Act, all goods bought and sold need to be deemed satisfactory by any reasonable person.
- Consumer Protection Act 1987: Under this piece of legislation, you are entitled to make a personal injury claim if defective goods cause you harm.
You can still make a claim if you didn’t buy the item yourself, for example, if it was a gift. You only need to prove that the item was defective.
How Long Do I Have To Claim Defective Product Compensation?
To make a personal injury claim for harm caused by a defective product, generally, you need to start proceedings within three years of:
- The date of your injury, for example, a laceration from a massage chair
- The date that you connect your injuries with the defective product, for example, chemical burns or dermatitis from a defective skin cream
The Limitation Act 1980 sets out the time limit for making a claim. It’s important to note that your claim doesn’t have to finish during this time, and it only needs to be started within three years. There are also some exceptions to this rule, which address making claims for those under the age of eighteen, and those who lack the mental capacity to make their own claim.
To learn more about these exceptions, or find out if you could make a claim, contact our team of friendly advisors today.
What Types Of Defective Products Can Lead To An Injury?
So, what types of products could cause an injury if they had a fault? Some examples can include:
- A faulty washing machine can cause a house fire. This can result in a range of serious injuries, including burn injuries, facial scarring, and lung injuries.
- A children’s bicycle with faulty breaks could cause your child to crash or fall. This can cause injuries like a broken collarbone, a broken arm, or a neck injury.
- A hairdryer that gives you an electric shock, which could cause you to go into cardiac arrest, suffer brain damage, and nerve damage.
These are just a few examples of how defective products can cause an injury. To find out if you could be eligible to make a defective product compensation claim, contact us today.
What Should I Do After Being Injured By A Defective Product?
After being injured by a defective product, you might be wondering what steps you can take. If you want to make a claim, then you’ll need to be able to provide proof of what happened. To do this, you can use evidence like:
- Medical records or charts that show how severely you were injured and what kinds of treatments you need to recover
- The contact details of witnesses so their statements can be taken later
- The item’s purchase receipt
- The item’s packaging and safety instructions
- Photographs of the item or your injuries
If you choose to make your defective product compensation claim with a solicitor from our panel, they can help you gather evidence and strengthen your claim. Contact us today to learn more.
Can I Claim For A Defective Product Injury If It Led To My Pre-Existing Condition Getting Worse?
If you have a pre-existing condition, like a back problem or mental health issues, then a defective product injury can make this worse. If this happens, then you still have the right to make a claim.
For example, if you have heart problems, you may be fitted with a pacemaker to keep your pulse under control. If this pacemaker is faulty, then this could exacerbate your heart problems and worsen your symptoms.
To learn more about when you could make a defective product compensation claim for the worsening of a pre-existing condition, get in touch with our team.
Make A Defective Product Injury Claim On A No Win No Fee Basis
Making a claim can seem complex, but you don’t need to go through it alone. With the help of a specialist solicitor, the claims process can seem much more manageable.
Our panel of solicitors have years of combined experience in pursuing defective product claims, and could use this experience to help you:
- Support your claim with evidence
- Arrange an independent medical assessment
- Collect witness statements
- Negotiate a payout
- Understand legal terminology
They can also help you gain a deeper understanding of the claims process, guiding you through each step and helping you negotiate a payout that covers all of your losses. Plus, they do all this under a Conditional Fee Agreement (CFA).
This is a kind of No Win No Fee arrangement which allows you to work with a solicitor without paying their hourly fee. In fact, under a CFA, you don’t pay for their work upfront, and you only pay a success fee if the claim succeeds.
They’ll take this from your compensation as a small percentage, limited by law. This helps to make sure that you get the larger portion of what you receive.
Contact Us
To find out more about how a solicitor from our panel could help you make a defective product compensation claim, get in touch by:
- Calling us on 0800 408 7826
- Contacting us online
- Using the live chat feature
Learn More About Claiming For A Personal Injury
For more interesting personal injury guides:
- Take a look at our broken leg compensation calculator
- Get more information from our broken forearm guide
- Learn how to claim greenstick fracture compensation
Or, for further information:
- Get safety information from Trading Standards UK
- Learn about first aid from the NHS
- Get information on the Court Funds Office
Thank you for reading our guide on defective product compensation.