When a person is injured by a defective product, they may have legal options they aren’t aware of. Product liability is a legal concept that falls under personal injury law, not finance or business law as some might assume. This area of law holds manufacturers, distributors, suppliers, retailers, and others responsible when they put dangerous or defective products into consumers’ hands.
Product liability cases can be complex and challenging to navigate without proper legal help. These cases often involve serious injuries from everyday items we trust – from cars with faulty brakes to children’s toys with choking hazards, or medications with undisclosed side effects. The companies responsible for these products typically have teams of lawyers and insurance adjusters working to minimize their financial responsibility. This creates an uneven playing field for injured individuals trying to seek fair compensation.
A product liability lawyer specializes in representing people harmed by unsafe products. These attorneys understand the technical details of how products should be designed, manufactured, and labeled to meet safety standards. They know how to investigate product defects, gather evidence, consult with expert witnesses, and build compelling cases against even the largest corporations. Product liability lawyers work on a contingency fee basis in most cases, meaning they only get paid if they win compensation for their clients. This arrangement makes legal representation accessible to people who couldn’t otherwise afford to take on big companies after being injured by their products.
Steps to Take After Being Injured by a Defective Product
When you’ve been hurt by a faulty product in Britain, knowing the right steps to take can make a big difference in protecting your health and your legal rights. The UK has specific laws and procedures that differ from other countries, so it’s important to understand the British approach to product liability.
Document Everything About Your Injury
Seek Medical Attention Immediately
Your health comes first. If you’ve been injured by a defective product, get medical help straight away. For example, if a kitchen appliance has caused burns, don’t wait to see if they heal on their own. Visit your GP or A&E department depending on the severity. Medical records will serve as crucial evidence that connects your injuries directly to the product.
Keep the Defective Product
Don’t throw away or return the product that caused your injury. The actual product is key evidence in your case. For instance, if a faulty electric kettle caused your burns, keep it exactly as it was when the incident occurred. If possible, store it in its original packaging along with any instructions or warranty information.
Take Photos and Videos
Document everything with clear photos and videos. Capture images of:
- The product itself, showing the defect if visible
- Your injuries at different stages of healing
- The scene where the accident happened
- Any warning labels (or lack thereof) on the product
Save Your Purchase Information
Find and keep your receipt, order confirmation, credit card statement, or any other proof that shows when and where you bought the item. This establishes that you were a legitimate user of the product and helps identify where in the supply chain the product came from.
Report the Incident Properly
Contact the Retailer and Manufacturer
Notify both the shop where you bought the product and its manufacturer about what happened. In the UK, this initial contact doesn’t need to be a formal complaint – a simple email or phone call will do. Keep records of all communications, including the names of people you spoke with and what was discussed.
Report to UK Regulatory Bodies
File a report with the appropriate UK regulatory authority:
- For general consumer products: Office for Product Safety and Standards
- For food items: Food Standards Agency
- For medicines and medical devices: Medicines and Healthcare products Regulatory Agency (MHRA)
- For electrical items: Electrical Safety First
These agencies might investigate the product and could issue recalls if they find widespread problems.
Document Financial Losses
Keep track of all expenses related to your injury, including:
- Medical costs not covered by the NHS
- Transportation to medical appointments
- Lost income from time off work
- Costs of care or help needed at home
- Replacement cost of the defective product
Understand the Consumer Protection Act 1987
The Consumer Protection Act 1987 is the cornerstone of product liability law in the UK. This legislation fundamentally changed how consumers can seek compensation for injuries caused by defective products. Before this Act, consumers faced significant hurdles in proving manufacturer negligence – a complex and often impossible task for the average person.
How the Act Works
The Act introduced “strict liability” for defective products in the UK. This means consumers don’t need to prove that a manufacturer was negligent or careless in their production process. Instead, they only need to establish:
- The product was defective (not as safe as people are generally entitled to expect)
- The defect caused damage or injury
- The defendant supplied the product (as manufacturer, importer, or in some cases, retailer)
This shift made it significantly easier for injured consumers to claim compensation, as they no longer needed to understand or prove exactly how a manufacturing error occurred.
Key Protections for Consumers
The Act provides several important protections:
- Broader liability: Not just manufacturers but also importers, own-brand suppliers, and sometimes retailers can be held responsible
- Comprehensive coverage: Applies to virtually all products from food to furniture, toys to tools, and pharmaceuticals to vehicles
- Six main defect categories: Design flaws, manufacturing errors, marketing defects (inadequate warnings), failure to recall, development risks, and instructional issues
- Compensation for various damages: Personal injury, death, damage to private property (above £275), and associated losses
Real Historical Example: Thalidomide Scandal
Though it predates the Act, the thalidomide tragedy of the late 1950s and early 1960s was a driving force behind strengthening consumer protection laws across Europe, including the UK.
Thalidomide was a medication prescribed to pregnant women for morning sickness. The drug caused severe birth defects in thousands of children worldwide, with over 2,000 affected in the UK alone. Many were born with underdeveloped limbs and other serious conditions.
Under the legal framework that existed then, families faced enormous difficulties in seeking compensation. They had to prove negligence in the drug’s development – an almost impossible task given limited access to the manufacturer’s research data.
The thalidomide scandal highlighted the inadequacy of existing laws and eventually led to the European Product Liability Directive, which the UK implemented through the Consumer Protection Act 1987.
Had the Act existed earlier, thalidomide victims would have benefited from strict liability provisions. They would only have needed to show:
- The drug was defective (unsafe)
- The defect caused their injuries
- The defendant supplied the drug
Instead, it took years of legal battles and public pressure before the manufacturer, Distillers Company (now part of Diageo), established a compensation fund for UK victims.
More Recent Applications
The Act continues to protect UK consumers today. In 2014, a woman successfully claimed compensation after suffering serious burns from a defective hairdryer that caught fire during normal use. Under the Act, she needed only to demonstrate that the product was defective and caused her injuries, not how the manufacturer’s quality control had failed.
Similarly, in 2019, a food manufacturer was held liable for allergen contamination that caused a severe allergic reaction in a consumer. The strict liability nature of the Act meant the consumer could claim compensation without needing to prove exactly how the contamination occurred in the manufacturing facility.
The Timeline of a Typical Product Liability Lawsuit in the UK
Product liability claims in the UK follow a structured process that can take anywhere from several months to several years, depending on the complexity of the case and whether it settles early or proceeds to trial. Understanding this timeline helps injured consumers know what to expect and prepare accordingly.
Initial Consultation and Case Assessment (1-4 weeks)
The process begins when you consult with a solicitor who specializes in product liability. During this initial meeting, the solicitor will:
- Review the details of your injury and the product involved
- Assess whether you have a viable claim under UK law
- Explain funding options (often “no win, no fee” arrangements)
- Request medical records and evidence related to the defective product
At this stage, your solicitor is determining if your case meets the three key requirements under the Consumer Protection Act 1987: a defective product, damage or injury, and a clear connection between the defect and your injury.
Letter of Claim and Pre-Action Protocol (3-6 months)
If your solicitor believes you have a strong case, they will:
- Draft a formal Letter of Claim to the defendant (manufacturer, importer, or retailer)
- Follow the Pre-Action Protocol for Personal Injury Claims as required by UK civil procedure rules
- Give the defendant typically 3 months to investigate and respond
The defendant usually acknowledges receipt within 21 days and then has about 3 months to investigate and provide a full response, either accepting or denying liability. During this period, the defendant’s insurers and legal team will review records, examine the product (if available), and consult experts.
Gathering Evidence and Expert Opinions (3-8 months)
While waiting for the defendant’s response, your solicitor will:
- Collect medical evidence, including independent expert medical examinations
- Consult with product safety experts who can testify about the defect
- Gather witness statements from anyone who saw the incident
- Calculate your full losses (medical expenses, lost earnings, pain and suffering)
This evidence-gathering phase is crucial and can take several months, especially if your injuries are complex or ongoing.
Negotiation and Potential Settlement (1-6 months)
Many product liability cases settle before reaching court:
- If the defendant accepts liability, settlement negotiations begin
- Your solicitor will advise on reasonable compensation amounts based on similar cases
- Multiple offers and counteroffers may be exchanged
- Mediation or joint settlement meetings might be arranged
If a fair settlement is reached, your claim ends here. You’ll receive compensation, typically within 14-28 days of agreeing to settlement terms.
Court Proceedings (If Required) (12-24 months)
If settlement isn’t achieved, your solicitor will:
- Issue formal court proceedings by filing a Claim Form
- Prepare detailed Particulars of Claim outlining your case
- Exchange documents with the defendant during the “disclosure” phase
- Attend various case management hearings
- Prepare for and represent you at trial
The court process follows strict timelines set by a judge. Most cases that reach this stage still settle before the actual trial, often “on the courthouse steps.”
Trial and Judgment (1-3 weeks)
If your case reaches trial:
- Both sides present evidence and arguments to a judge
- Expert witnesses testify about the product defect and your injuries
- The judge decides on liability and appropriate compensation
- Judgment is typically reserved and delivered in writing later
Product liability trials in the UK generally last from 1-3 days for straightforward cases to several weeks for complex ones.
Potential Appeals (3-12 months)
Either party can appeal the judgment if they believe the court made a legal error. Appeals add significant time to the process.
A Personal Example: Your Potential Journey
Imagine you’ve purchased a new coffee maker that malfunctions during use, causing scalding water to spray onto your hand and arm. After receiving medical treatment for your burns, you contact a product liability solicitor.
Your solicitor examines the coffee maker and notices a clear design flaw in the pressure valve system. They send a Letter of Claim to both the retailer and manufacturer, including photos of your injuries and the defective coffee maker.
The manufacturer initially offers a replacement product and a small goodwill payment, which your solicitor advises is inadequate given your injuries. Your solicitor arranges for an independent engineer to examine the coffee maker, who confirms the design flaw affects all units of that model.
Six months after your initial claim, faced with clear expert evidence, the manufacturer’s insurers offer £6,500 in settlement. Your solicitor negotiates this up to £9,800 to cover your pain and suffering, two weeks of lost earnings, and private treatment for the burn scars.
Throughout this process, your solicitor keeps you informed at each stage, explaining your options in plain language and handling the complex legal communications on your behalf. This allows you to focus on your recovery while still pursuing fair compensation.
The entire process takes about 8 months from your initial consultation to receiving compensation – quicker than many cases because the product defect was clearly established by expert evidence.