Dangerous or Faulty Product Claims

You may be eligible for compensation for a wide variety of injuries caused when a product malfunctions or breaks – from burns and electric shocks caused by white goods and other electrical products to poisoning caused by toxic chemicals in the paint on toys and from items contaminating food products to the failure of medical devices. A claim may be brought whether you purchased the faulty device or not. You may be also able to claim compensation for any other damage that resulted (e.g. property damage due to fire or flooding).

In some cases it may be necessary to prove negligence on the part of the manufacturer or supplier – for example, showing that the instructions or warnings on using the product were not sufficient to prevent injury or that the design of the product was inherently dangerous.

Depending on the circumstances, it may be that the claim for compensation is made to the device’s manufacturer, supplier or to the insurance company that provided cover for the product.

If you feel that you have been injured or harmed as a result of a faulty product, as specialist injury lawyers, Jackson Boyd will be able to advise you if you are eligible for compensation, whether you should make a claim and who that claim should be made against.

It is impossible to answer this question at the outset of a claim, as it is dependent on many inter-linked factors, including the severity of your injury (and whether it has long-term consequences) and the nature of the losses you have suffered (including medical costs, lost earnings – both past and future, and other incidental losses). Depending on the circumstances of the case you may be able to also claim back the cost of the faulty product.

Valuing a claim is often a complex process, and is why you should make contact with Jackson Boyd as specialist personal injury lawyers to ensure you are receiving the best advice possible. Once we have made an initial assessment of your case, we will be able to give you a rough indication of what we would expect to achieve. See our article, ‘More Than Just Personal Injury’ which provides full details on the losses you can claim for.

It is important to gather (and retain) as much information as possible. Do not discard the faulty product (provided safe to do so). Do not return the product to the manufacturer without first consulting with a solicitor. The product may require to be tested by experts to locate and comment on any fault. Take detailed pictures or videos to demonstrate the fault with the product. Obtain details of witnesses to the fault. Obtain purchase details of the product where possible, including the receipt and where/when the product was purchased. It may also be important to take photos that show the impact of the injury. You should report the accident to the supplier of the product. The supplier of the product should thereafter confirm who the manufacturer was. If you have visited a doctor to get treatment, make a note of who you visited and when.

If you ask us to take up your case, we will gather additional evidence from a variety of sources, including the doctor(s) who have treated you (if you needed medical attention).

Yes. If you ask us to take up your case, we will arrange a consultation with an independent medical expert (even if you are no longer experiencing any symptoms from the injury), who will examine you, look at your medical records and provide us with a medical report which will form the basis of our valuation of your injuries.

The journey of a personal injury claim can appear complex and daunting, but Jackson Boyd will be with you every step of the way. Call us and our First Response team will talk with you and assess how best to deal with your case. We will then collect all the evidence and medical details that we need to put together our case and value your claim. We are here to take the weight of bringing a personal injury claim off your shoulders.

Once we have obtained all of the relevant evidence we will then seek a settlement offer. In a small number of cases it may be necessary to go to court, where we will represent you. For full details see our article on The Journey of Your Personal Injury Claim.

In an ideal world, your claim would be resolved within weeks but, unfortunately, the reality is the length of time it takes for claims to conclude can range from months to years. The timings will depend on the complexity of the case and the severity of your injuries. Particularly in cases where injuries are serious, it is important to take the time to collect all necessary information and to establish the true value of the claim.

For all personal injury work, we provide a no-win, no-fee service, which is exactly as it says – if your claim is successful our fee is 20% plus VAT of your settlement figure; however, if your claim is not successful we do not charge a fee.

In most cases, personal injury claims can be settled without the need to go to court. However, there are a number of circumstances in which claims do proceed to court. These include when liability for the accident or the cause of the injuries are being disputed or if the third party does not make an adequate compensation offer. Even where a court action has to be raised around 95% of such cases settle without a court hearing. If you have to go to court we will represent you and provide you with all the support and advice you will need.

The normal time limit for bringing a claim for a personal injury is three years after the time you sustained the injury or became aware that you had been injured. In some circumstances, this time limit may be extended.

As specialist injury lawyers, we have in-depth experience and knowledge of all aspects of the law relating to injuries caused by faulty goods. Unlike most ‘general’ law firms, we have the expertise to know whether it is worth pursuing a claim and exactly what information needs to be gathered. We also know how best to value a claim and how to gain fair and just compensation for our clients.

Our expertise in this field is shown by the fact that we are recognised in the Legal 500 rankings and that we have an excellent score in Trust Pilot.

At Jackson Boyd, we also know that rehabilitation is a crucial part of your personal injury  claim. We are able to arrange your rehabilitation treatment with our own treatment providers, meaning that you can be seen immediately. You can find out more about rehabilitation in your personal injury claim here.