Buying from overseas sellers is now easy. Working out who is responsible when a product causes an injury is much harder.
The website or app may have only hosted the listing. The seller, manufacturer or importer may operate from another country. And the online trading name may differ from the legal name of the company behind the sale.
That does not mean you cannot claim compensation. Solicitors may therefore need to examine the product, the supply chain and every business involved closely.
Who may be responsible for the defective product?
The first question is simple. How did the product reach you? Responsibility may rest with the following parties, depending on the facts:
- The manufacturer or producer
- A business that put its name or trade mark on the product and presented it as its own
- A UK importer that brought the product into the country for supply
Certain parties can face liability under the Consumer Protection Act 1987 when a defective product causes damage.
A distributor or retailer is not liable just because it handled or sold the item. But a supplier can become liable in limited circumstances.
An injured person can, for example, ask the supplier to identify the producer or the business that supplied the product to it. Liability could follow if the supplier does not provide that information within a reasonable period.
This is where the paperwork becomes important.
Solicitors in Liverpool can check the order confirmation, payment details and seller profile. They can also check the packaging, delivery records and product labels to identify every business in the supply chain. This work is especially useful when the trading name on the listing differs from the company’s legal name.
What makes a product legally defective?
A product is not legally defective just because it is poor quality or stops working. It must be unsafe. A product liability claim requires the product’s safety to fall below what people are generally entitled to expect.
Relevant factors include:
- How businesses marketed and presented the product
- The instructions or warnings that accompanied it
- How producers or suppliers could reasonably expect people to use it
- When the relevant business supplied it
- Its nature and purpose
A link must also connect the safety defect to the injury. A fault or malfunction on its own may not be enough. The defect must have made the product unsafe and caused the harm being claimed.
Is the online marketplace responsible?
A marketplace is not automatically responsible because the product appeared on its website or app. What you need to consider here is the role it played in the sale.
The position can be different if the marketplace:
- Acted as the seller
- Imported the product into the UK
- Supplied the product itself
- Put its own name or trade mark on the product
- Played another legally significant role in placing it on the market
A platform that only hosted a third-party listing is not liable simply because a customer purchased through its website. The details of the transaction can show what actually happened.
Your solicitor can review the marketplace terms, payment records and invoices. Your solicitor can also use product branding, seller information and delivery arrangements to establish whether the platform was just a host or played a more direct role.
What if the seller operates overseas?
An overseas seller can make a claim more difficult to investigate. Confirming the seller’s legal identity or locating its assets could be difficult. Serving legal documents can also be more complicated and questions could arise about the appropriate place to bring proceedings.
The seller may not be the only possible party even in that case. The available records could point to a UK importer or another business involved in bringing the product into the country. A distributor or fulfilment provider can also hold useful supply chain records. A delivery business can have relevant information too.
Simply storing, handling or delivering the product does not create legal responsibility by itself. However, solicitors can use information from those businesses to identify the manufacturer, importer or supplier.
The available route can depend on:
- Where the parties operate
- How the seller advertised the product
- Who accepted payment
- How the relevant business branded the product
- How it entered the UK
- Who supplied and delivered it
- Whether the claimant could enforce a judgement against an overseas business
How can you prove the defect and injury?
Finding a potentially responsible business is only part of the claim. You may also need evidence showing what was wrong with the product and how the defect caused your injury.
That evidence can include the following:
- Medical evidence about the injury and its likely cause
- Technical or engineering evidence about the product
- Evidence from a product-safety specialist
- Photographs or videos of the defect
- Instructions, warnings and product specifications
- Evidence of similar incidents or product recalls
- Witness accounts of what happened
What evidence should you keep?
You should preserve:
- The product itself
- Its original packaging
- Labels, serial numbers and batch numbers
- Instructions and safety warnings
- Receipts and invoices
- Order confirmations and payment records
- Screenshots of the original listing
- The seller’s profile and contact details
- Messages with the seller or marketplace
- Reviews describing similar problems
- Your online order history
- Delivery labels and tracking information
Online listings can change without warning. Sellers, reviewers and platforms can also edit or remove profile information and reviews. You should therefore take screenshots early.
You should photograph the product from different angles as soon as you receive it. The photographs should clearly show the alleged defect, packaging and identifying numbers. You should also photograph the accident scene and any resulting damage.
Be careful about sending the product back. Ask for legal advice before returning it to the seller, manufacturer or marketplace where possible. You could lose important evidence after you return the product. So you should at least make a clear photographic record first.
You should also:
- Write down what happened while you still remember it clearly
- Keep the names and contact details of witnesses
- Obtain appropriate medical treatment
- Keep medical appointment and treatment records
- Preserve evidence of lost earnings
- Keep receipts for treatment, travel and other expenses
- Record any care, assistance or practical help you needed during recovery
Do time limits apply?
Strict deadlines apply to defective product and personal injury claims. The exact time limit depends on the legal basis of the claim and the date of the injury. It also depends on when the product entered circulation and the circumstances of the injured person.
Claims involving an overseas seller or an online marketplace can take longer to investigate. A complicated supply chain adds more work.
That is why you should get legal advice as early as possible. Identifying the right parties and protecting the evidence takes time and delay can affect your ability to bring a claim.
Talk to Stallard Solicitors today
You should contact Stallard Solicitors if a faulty product has caused physical injury or a recognised psychological injury. Our solicitors in Liverpool can explain your options and guide you through the claims process. Call 0151 662 0636 or contact Stallard Solicitors online to arrange a free initial consultation.
