Product Liability Claims: Defective Consumer Products

When consumers suffer harm due to faulty products, understanding their rights under Product Liability Law is essential. As Personal Injury Solicitors, we help clients across England and Wales pursue justice and compensation for defective consumer products.

Product Liability Claims arise when a consumer is injured or suffers financial loss due to a product that is unsafe, defective, or does not meet the safety standards expected under UK law. Whether it’s a faulty electrical appliance, unsafe toy, or a defective medical component, individuals have the right to seek redress. This article explores the legal landscape surrounding defective products, offering insights for those considering a claim.

Understanding product liability in England and Wales

Product liability refers to the legal responsibility of manufacturers, distributors, suppliers and retailers to ensure their products are safe for use. Under the Consumer Protection Act 1987, a consumer may bring a Product Liability Claim without needing to prove negligence, provided they can show injury or loss. Common causes of defects include include:

• Design defects.
• Manufacturing errors.
• Inadequate warnings or instructions.

This strict liability criteria assists individuals by moving the burden of proof onto a Defendant to prove that the product was not defective.

Who can be held liable?

There are several potential Defendants in a Product Liability Claim:

1. Manufacturers: The primary target if a flaw is due to the design or manufacture of the product.
2. Importers: Especially if the product was manufactured outside the UK.
3. Retailers: If they sold the product directly to the consumer, particularly if the manufacturer cannot be traced.

In some cases, more than one party can be held jointly liable.

Types of defective product cases

Product liability claims can be brought in a wide range of circumstances. Common examples include:

• Medical devices – e.g., faulty hip or knee implants, defective pacemakers.
• Children’s toys – choking hazards, or excessive lead content.
• Vehicles – defective brakes, or airbags.
• Food and beverages – contamination or undeclared allergens.
• Electrical appliances – fire risks or electrocution.

In each case strong evidence is needed to link the injury directly to the defective product.

Proving your product liability claim

To succeed in a product liability claim, claimants must demonstrate:

1. That the product was defective.
2. They suffered harm as a direct result of the defect.
3. The product was being used as intended or in a reasonably foreseeable way.

Evidence can include:

• Analysis of the product.
• Photographs of the product and injuries caused by it.
• Medical reports establishing the link between the products and the injury.
• Receipts or proof of purchase.
• Witness statements.

Time limits for bringing product liability claims

Under English and Welsh law, product liability claims are generally subject to the following limitation periods:

• 3 years from the date of injury or the date you became aware of the link between your injury and the product.
• 10 years from the date the product was put into circulation, regardless of when the injury occurred.

It’s vital to seek legal advice promptly to ensure you don’t lose the right to compensation.

Real-world case study

At the moment, Fosters Solicitors is acting for a number of clients who received the allegedly defective NexGen knee implant manufactured by Zimmer Inc. Whilst the action is still in its early days, current indications are that many thousands of people in the UK received these implants before they were the subject of a recall notice in December 2022.

We have an established track record in successfully pursuing product liability claims, either on an individual basis or as part of a group action. In recent years we have achieved settlements for our clients in relation to the PIP (breast implant) Poly implant prosthesis and the DePuy ASR hip product, leading to compensation for those affected by the consequences of these defective products.

Expert Insights: Legal advice on product liability

According to industry experts and legal professionals, claimants should:

• Seek immediate medical treatment and record their injuries.
• Preserve the defective product and packaging.
• Consult a solicitor experienced in product Lliability claims.
• Document all related expenses and losses

For more guidance, see the Citizens Advice: Returning Faulty Goods.

Benefits and challenges of product liability claims

• Benefits:
  • Compensation for physical, emotional, and financial harm.
  • Accountability for negligent or reckless companies.
  • Improvements in product safety standards.
• Challenges:
  • Difficulty proving the product caused the injury.
  • Complexity in identifying the responsible party.
  • Time limits for bringing claims.

FAQs

What are product liability claims?

Product Liability Claims are legal actions taken by those who have been injured or harmed by defective or unsafe products. They allow individuals to seek compensation from the manufacturer, distributor, or seller of a defective product.

Who can I sue in a product liability claim?

You may be able to sue the manufacturer, the retailer, the distributor, or the importer, depending on the circumstances and available evidence.

What is the time limit for bringing a product liability claim?

Claims must be brought within 3 years of the date of injury or knowledge of the injury, and no later than 10 years from when the product was first supplied.

What evidence do I need for a product liability claim?

Helpful evidence includes:

• Photos of the defective product and injuries
• Medical records
• Proof of purchase
• Witness statements

How much compensation might I receive?

The amount depends on the severity of the injury, medical costs, lost income, and any long-term effects. Each case is assessed individually on the evidence available.

This article was produced on the 23rd July 2025 for information purposes only and should not be construed or relied upon as specific legal advice.