If a faulty product has injured you, one of the first things you will want to know is who the claim should be made against. Should you make the claim against the shop that sold it to you or the company that made it? Or what about the business that imported it into the UK?
The answer depends on how the product entered the market and where the fault started. Many people speak to experienced solicitors in Liverpool early so they can work out who the claim should be made against.
The manufacturer
The manufacturer is the first party a solicitor will look at in many defective product cases. This is because product liability law usually focuses on the party that was responsible for putting the defective product into circulation. The legislation calls that party the “producer”, which in most cases will be the manufacturer.
This is the most direct route when the defect stems from the product design. Something like a failure in safety checks or a packaging issue may have caused the defect.
Someone may suffer an injury before the defect becomes noticeable. A tool can suddenly snap during normal use, for example, or an electrical item can overheat. The manufacturer is usually at the centre of the claim when this happens.
The importer
What if a company made the product in another country and another business then imported it into the UK? The importer may then be the correct defendant in the claim.
So you don’t really need to pursue a claim against a company based overseas. You can make a claim against a UK importer that is involved in the supply chain. The law can also apply to an own-brand seller if their name or trade mark appears on the product.
The retailer
The retailer is not always the main defendant in a personal injury claim involving a defective product. But that does not make them irrelevant.
From a consumer rights point of view, the retailer or seller is usually the business you deal with if you want a refund or a replacement. That is the normal route when a product is faulty and you only want the issue put right.
A personal injury claim is different from a normal consumer complaint. A supplier or retailer can become responsible under product liability rules if someone asks them to identify the correct party in the supply chain and they do not do so within a reasonable time.
Looking for an experienced solicitor in Liverpool?
Stallard Solicitors can help you figure out who is legally responsible for your defective product injury. We can investigate where the defect arose and trace the product through the supply chain to find the correct defendant. We can then advise you on the best route to make a claim. Our team can also review the strength of your case, explain the evidence needed and guide you through the claims process from start to finish.
If you have been injured by a defective product and want advice from experienced solicitors in Liverpool, contact Stallard Solicitors today.
