The vast majority of products we buy in our day-to-day life work as they’re supposed to, thanks to consumer safety laws that place strict requirements on manufacturers to test and regulate goods before they reach our homes. But every so often, faulty or defective products make it onto shelves and into people’s homes. In some cases, these faults are minor inconveniences; in others, they lead to serious injury.

This is where product safety laws come in. Manufacturers, retailers, and distributors are responsible for making sure the products they sell are safe to use. When a faulty or defective product causes harm, legal protections exist to hold them accountable. But what does this mean if you’ve been injured - can you claim compensation?

What is product liability?

Product liability laws hold companies accountable when any defective products they sell cause harm. Under the Consumer Protection Act 1987 people who are injured by a defective product can seek compensation without having to prove negligence. Instead, they only need to show that the product was faulty and that this directly led to their injury.

Different businesses can be held responsible depending on where the fault lies:

• Manufacturers: if a defect happened during the design or production process.
• Retailers: if they sold a product that was unsafe or misrepresented.
• Distributors: if they supplied a faulty product without making sure it met safety standards.

Unlike other types of personal injury claims, product liability law isn’t about whether a company or individual was careless - it’s about whether the product itself was unsafe.

What makes a product defective?

Most of us have dealt with a faulty product at some point, but while a product with a short shelf life can be frustrating, this doesn’t necessarily mean a product is defective in a legal sense.

The Consumer Protection Act 1987 defines a defective product as one that is not as safe as the public would expect. This includes products that pose a risk of personal injury, death or damage to property. If a product causes injury because of a flaw in how it was designed, made or labelled, there may be grounds for a product liability claim. These defects typically fall into three categories:

• Design defects occur when a product is inherently unsafe due to flaws in its original design, meaning every version carries the same risk.
• Manufacturing defects happen when a product is designed correctly but something goes wrong during production, making only some units faulty.
• Failure to warn or provide instructions refers to products that may be unsafe if used improperly but which lack clear warnings or guidance, leaving users unaware of these potential risks.

Who can make a product liability claim?

It doesn’t matter whether you bought the product, borrowed it, or were simply using it as intended - what matters is that it was unsafe and caused harm. If a defect led to an injury, you could be entitled to claim for compensation .

If the person affected can’t take action themselves, someone else may be able to do it on their behalf. This could include:

• A parent or guardian making a claim for a child injured by a faulty toy or product.
• A legal representative supporting an elderly relative or someone with a disability.

Unlike some other injury claims, there’s no need to prove that anyone was negligent - only that the product was defective and led to harm.

How to pursue a product liability claim

If you’ve been affected by a faulty or defective product, taking the right steps can strengthen your claim:

1. Seek medical attention: your medical records provide vital evidence of your injury.
2. Keep the product: don’t throw it away. It may need to be examined as part of the case.
3. Document everything: take photographs of the product, packaging, any damage and your injuries.
4. Keep receipts and packaging: keep receipts, instruction manuals, or packaging.
5. Get legal advice: legal experts at Switalskis will assess if you can claim - and advise you on how much compensation you could be entitled to.

Why you should make your product liability claim as soon as possible

It might seem easier to delay a claim until you’ve fully recovered, but waiting can make proving your case more difficult. Over time, evidence can be lost, memories fade and it may become harder to prove that the product was defective. There is also a three-year time limit for making most claims, so acting sooner ensures you don’t miss out on your right to compensation.

Get in touch

If a faulty product has caused you harm, you have the right to claim compensation. It’s not just about financial support - it’s about acknowledging what happened and making sure you’re not left to deal with the impact alone. Speaking to a solicitor early can help you understand your options and keep things moving without unnecessary delays. To discuss your claim with the product liability lawyers at Switalskis, Call us on 0800 1380 458 or reach out via our website to find out how we can support you.