Product Liability

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Product Liability

 

We use different goods and products for almost everything we do in life. We never worry that these products could potentially cause us harm. However, sometimes this occurs, and our lawyers make sure that the manufacturer, distributor, supplier or retailer who is to blame, is held accountable for the damage that the product has caused.

A defective good means that there is something not working properly within one of the good’s components or raw materials. Who is held accountable for the faultiness depends on what part of the product is defective – this could either be the manufacturer of the product, the manufacturer of one of the product’s components, or both. In some cases, the good is faulty because of the way it has been handled by suppliers and retailers, in this case, they are held liable.

Regardless of what sort of contractual limitations are placed on a product with regards to liability, we are able to recover compensation for you if it has been found to be faulty. The producer will be liable for damage under the Consumer Protection Act (CPA) or the common law of negligence.

The Consumer Protection Act aims to protect consumers from damage caused by defective products. The act covers a whole range of product types including toys, food, containers, vehicles and protects whether the damage was direct or indirect. You, the consumer, have a right to claim if you’ve suffered injury at the hands of a faulty product. If you’ve been sold a product that was faulty or defective from a reputable seller, that it is definitely a good place to start. Did you make sure to keep a receipt to prove that the purchase was made by yourself? These are the types of information we will require.

Whether it’s food, medicines, electronics, toys, or even the cars we drive, we expect the products we buy to meet certain standards, that their manufacturers have tested them rigorously, and that these items are safe to use. But all too often, defective and faulty products can end up on shelves and in our homes, and sometimes the worst can happen and these products cause serious injury. If you’ve been injured by a faulty or defective product, then our lawyers could help you claim compensation.

FAQ

Why should I claim compensation?

Your injuries may require treatment that need to be paid for; or your injuries may force you to take time off work, resulting in loss of earnings. In the case of a serious work injury, it may have ruined your prospects of a future or dream job.

By making a workplace accident claim, we will get you compensation that pays you for what you lost financially.Also, a claim against your employer will highlight how your accident happened and make them aware of this so they can take the steps to prevent such a situation from happening to other employees.

Will I get fired for pursuing a claim?

Your injuries may require treatment that need to be paid for; or your injuries may force you to take time off work, resulting in loss of earnings. In the case of a serious work injury, it may have ruined your prospects of a future or dream job. By making a workplace accident claim, we will get you compensation that pays you for what you lost financially.Also, a claim against your employer will highlight how your accident happened and make them aware of this so they can take the steps to prevent such a situation from happening to other employees.

How long after my work accident can I still claim?

Your injuries may require treatment that need to be paid for; or your injuries may force you to take time off work, resulting in loss of earnings. In the case of a serious work injury, it may have ruined your prospects of a future or dream job. By making a workplace accident claim, we will get you compensation that pays you for what you lost financially.Also, a claim against your employer will highlight how your accident happened and make them aware of this so they can take the steps to prevent such a situation from happening to other employees.

How long after my work accident can I still claim?

Usually you have up to 3 years from when the accident occurred to make a claim.

For industrial disease claims, you have 3 years from when you realise that your symptoms are caused by a work-related illness, or when it is discovered by a medical expert.

What is an industrial disease?

An industrial disease is a health condition or illness caused by an unsafe work environment. For example you work as a construction worker and develop tinnitus or hearing loss as a result of the constant loud noise in the background.

Other forms of industrial diseases caused by your work include repetitive strain injury, vibration white finger and mesothelioma (asbestos poisoning).

How much compensation will I get?

There are many factors that determine how much compensation you will get, such as:
• what part(s) of the body you have injured
• the severity of the injury
• how long it will take to fully recover
• any loss of earnings
• payment for treatment
• and more…
Every case is different so we cannot say upfront how much compensation you are due.

Do I need to go to court?

Only 5% of cases we handle go to trial. The court is seen as a last resort when neither side can come to an agreement on liability (the fault of the accident), or settlement offer, or other.
We will always try to do everything we can to settle a case before it reaches the court. In the event it does reach the court, we will fully support and prepare you for this.

What is NO WIN, NO FEE?

 

It is an agreement that we will only charge for our service if we help you win your case. In the reverse, this also means that you will not have to pay us for our time if your claim is unsuccessful. The majority of personal injury claims we take on will be on a no win, no fee policy. This will be made clear to you when you bring your claim to us.
The no win, no fee system makes us affordable to all because there are no upfront costs to pay. Simply pick up the phone, tell us about the accident and we will assess whether we can help you with your claim or not.

At Driscoll Kingston Solicitors we can help you claim compensation for an injury which happened at work. Whether you were working as a full or part time employee, a self-employed contractor or a casual or temporary worker you are entitled to claim compensation. Every employer is required by law to have Employers Liability Insurance in place to cover employees involved in accidents at work. The compensation is usually brought against the Employer’s Liability Insurance company not the employer directly.

Driscoll Kingston Solicitors have a team of experts in this area who will guide and support you through the claims process. We understand that it can often be difficult to consider pursuing a claim for compensation from your employer and can feel intimidating even though you are entitled to claim compensation. Let us assist you through this complex procedure. Call us today and speak to one of our specialist solicitors who will explain the claims process and advise you on how successful your work accident claim will be. Driscoll Kingston Solicitors act on a no win no fee basis where possible, 98% of our Accident at Work Claims are on a no win no fee basis which means there is no financial risk to you.

Ready to make a claim? Fill in our form below!

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