Product liability claim
Every consumer, whether an individual, a company, or a public institution, has the right to expect that any products they purchase in Ireland will be safe from any defect and will not harm them.
Defective product liability claims can arise when a person is injured by a design or manufacturing error that wasn’t identified before the product was released.
As consumers, we expect food not to poison us, baby products not to break into small pieces, posing a choking hazard. And toiletry products not to cause burns or any other type of skin injuries.
The health and safety regulations exist within Ireland and the EU to protect us when using or purchasing any type of product.
What are Defective Products claim?
According to the defective Products Act 1991, the responsibility of how the accident happened and how the finished product was a defective one, needs to come forward with sufficient proof and evidence. The injured person also needs to proof that the injuries suffered were from the defective product.
You must seek legal advice from an injury claim solicitor because unlike other personal injury claims. Moreover, defective products claim are a bit different in nature, and discuss regarding your defective product case, because defective products can be a serious threat to health and safety of the consumer.
More often the responsibility lies on the manufacturer who is found liable for any accidents or injuries might have sustained.
There are a number of reasons for products to be defective and faulty. However, in some cases it could be the retailer held liable, for selling you a defective product that might have been damaged while during sale of goods.
Examples of defective products are beauty products, electrical equipment, gardening tools, technological devices, medical devices, children’s toys, and vehicles.
Furthermore, to start off your faulty product claim the most important step is to determine who is accountable for the accident.
How does Ireland's defective product liability legislation work?
Liability for Defective Products Act, 1991
Defective Product Act 1991 is in place to hold accountable the guilty party for any injuries and damages caused by a defective product. In addition, it is stated in the Act that the manufacturer will be held responsible if their product causes any damage to either property or an individual caused by a defective product .
Likewise if a product fails to meet the basic requirements that is providing health and safety to the consumer it is deemed to be a defective product. The responsibility of the producer to show care towards the users of its products if they turn out to be defective.
The Defective Products Act, 1991 takes the following into consideration:
- How the product is expected to perform and used
- The representation of the product, to check for health and safety
- Exactly when the product was made available
It is important to know the identity of the producer. The product liability claim will not stand if a better version of the product was made available.
Therefore the responsibility falls on the injured party to bring in proof that the injuries were caused by the defects of the product. If the proof checks out then the injured person is entitled to file for a claim.
In the event that a producer can demonstrate that the defect causing the injury was not present, they will not be held liable. And considering the fact of its design or when at the time it was placed on the market.
It could be that they only contributed in providing a component of the product that did not contribute to accidents or injuries.
Common injuries sustained that lead to defective product liability claim are:
- Cuts and Lacerations
- Broken Bones and Fractures
- Nerve Damage and Traumatic Brain Injury
- Back and Neck Injury
- Internal injuries and Illness
Who is considered as the Producer?
The Defective Products Liability Act 1991 defines a producer of a product as any individual or entity that produces it through the following means:
- Is involved through the contribution of individual parts for a finished products
- Have their own trademark or name on the finished product
- Or have imported the finished product from outside other than the European communities
- Processes raw materials
- Who processes soil, of stock-farming, fisheries or game products
- The manufacturer or producer of a finished product
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Types of Defective Products
A product can have a number of defects that make it unsafe to use and can result in a product liability claim. These are the three most common defects:
Design Defects:
This is a type of defect in the design that makes it dangerous and unsafe to use. Even if the product is manufactured with the highest quality of raw materials this can still occur. Products can be unsafe for the expected use.
Manufacturing Defects:
In general, this occurs when a defective component or material is used during the production process.
Often due to poor workmanship or using low-quality materials. The manufacturer or the producer will be held liable for the injuries sustained due to this defective product.
Marketing Product Defects:
This relates to insufficient warnings or directions communicated about the product. One of the most common types of defects in a product. Generally associated with the failure to inform people of the product’s known hazards and dangers.
It is the responsibility of every retailer and manufacturer to inform all consumers of any risks involved.
Warning labels on products are an easy way to communicate about hazards to people. The label contains any important information needed to ensure that a product is safe for use.
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