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Defective Product Claim: Learn Your Rights!

Have you been scared of consumer programs that featured horrific stories on teddy bears having sharp needles sticking out and bread toasters that blow up?

Never worry, for these types of shows get fewer and fewer each day. This is due to the work of government regulators, safety officers and most especially, consumer groups. However, we can never say that it is one hundred percent clear. Defective products somehow still manage to get through the net and fall into shops. Sometimes this leads to minor problems or even to tragic incidents.

Reputations of companies are instantly on the line and can easily be damaged by such faulty products. Now that the world is more active online and with the help of social media, a defective product story can reach millions of people all around the world in an instant. One example of this is Toyota. The reputation of Toyota had been stained due to numerous product recalls since 2009.

Consumer Protection Act

Based on the Consumer Protection Act, citizens are legally protected from damage and injury due to faulty goods. Please take good note of the following sentence. If any goods made, distributed, sold or supplied in the UK have been found unsafe or defective, you can seek for a defective product claim. You can seek compensation for death, injury and even damage to property, even though the sales contract mentions limited liability.

It is the responsibility of all sellers, distributors and producers to make sure that all of their goods are safe. If the responsibility is not met and if the liable people take no action in making sure that their goods are actually safe, then there is a greater possibility for making them face criminal action that results to fines and imprisonment. Defective product claim also works well if these points get proven clearly.

You can file a defective product claim if you can prove that the actual product is faulty and defective, whether it was caused by the negligence of the manufacturer or not. You must clearly show that the specific is the most probable cause of the damage or injury. There are some products that have obvious risks to any consumer. An example of this is a chain saw. When it comes to cases like this, suppliers are required to include warnings to consumers regarding risks or dangers that are possible upon using the specific product. The product warnings must be easily understood and can be read clearly.

Any person that gets injured can make a defective product claim for compensation, whether they borrowed or brought the product, just as long as they used it.

There is no limit when it comes to how much the awarded compensation can be given. In spite of this, there are still guidelines to follow. Take note of the following information. Under the Consumer Protection Act, a claim must be higher than 275 pounds even if liability applies to both personal workplace use, claims are not allowed to be awarded to cover business losses.

Considering a 'Defective Product'

The word product comprises of goods, electricity and even the components of that product. If a component of a product along with the raw material incorporated with it are both defective, then the component's manufacturer and the manufacturer of the actual finished product are liable potentially.

How long are producers liable for products?

The actual basic limitation period when it comes to claims under the CPA is three years. This is taken into account starting from the date of injury or damage. Though there is a factor of consideration because not all damage will show immediately, an alternative time of three years from the date when the producer actually knew of the claim is offered. As a product may stay in circulation for a lot of years, a claim is not allowed after ten years upon the product has been put into circulation.

So, if you have been a victim of defective products, don't hesitate if you believe that you have sufficient evidence to make a claim. Under the CPA, you are rightfully protected against producers that fail to ensure safety for consumers like you. A defective product claim works both as a reminder for producers to provide safe products and also for consumers to shield themselves against unfortunate events of damage or injury.

3rd December 2014, 1:31

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