In a product liability claim, the responsibility can lie with any party involved in the product's chain of distribution. This chain includes the manufacturer, the retailer, and, in some cases, the wholesaler or distributor. Primarily, the manufacturer bears the largest responsibility for ensuring their products are safe for public use. This includes ensuring that the product is free from design defects and manufacturing defects, and that proper instructions and warnings are provided.

If a retailer sells a product that they know is defective, or fails to provide adequate safety warnings, they too can be held responsible. Similarly, distributors or wholesalers can be held liable if their actions contribute to the product's defectiveness or if they fail to communicate safety information adequately.

Proving that a product is defective typically involves demonstrating that the product did not meet the reasonable expectations of safety when it was used as intended. There are several key elements to consider when establishing that a product is defective:

1. Evidence of the defect: this can include the defective product itself, photographs, or other physical evidence that shows the defect. Any alterations to the product from how it was at the time of the injury can affect the credibility of the claim.
2. Expert testimony: expert witnesses, such as engineers or product designers, can provide insight into how and why the product is defective. They can compare the product's design and manufacturing process against industry standards to establish any discrepancies.
3. Documentation: instruction manuals, packaging and marketing materials can be used to demonstrate that the product lacked adequate warnings or instructions, contributing to its unsafe use.
4. Medical records: if the defective product caused an injury, medical records linking the injury to the product are essential. These records can help establish the extent of the injuries and the direct connection to the product's defect.
5. Incident reports: if similar incidents or complaints have been reported regarding the same product, this information can support the claim that the product is defective and that the defect is not an isolated occurrence.

If you have been injured by a defective product, taking the right steps not only ensures your safety and health, but also strengthens your position in a potential product liability claim. Here's what you should do:

1. Seek medical attention: your health is the priority. Even if the injury seems minor, get it checked by a medical professional. Medical records will also serve as vital evidence in your claim.
2. Preserve the product and evidence: keep the defective product in the same condition it was in after the incident. Do not attempt to fix or alter it. Additionally, gather any packaging, instructions or receipts related to the product.
3. Document the incident: take photos of your injuries, the defective product, and the scene where the incident occurred. Write down a detailed account of what happened while the events are still fresh in your memory.
4. Gather witness information: if anyone witnessed the incident, collect their contact information. Witness statements can provide valuable support for your claim.
5. Report the incident: notify the manufacturer or retailer about the defect and your injury. This not only puts the incident on record but also alerts the responsible parties to a potentially dangerous product.
6. Consult a solicitor: before initiating any legal action or accepting any settlement offers, consult with a solicitor specialising in product liability. Our team can offer you the right advice, help preserve necessary evidence, and guide you through the process of making a claim.
7. Do not discard anything: keep everything related to the product and the incident, including any correspondence with the manufacturer or seller.

You generally have three years from the date of the injury, or the date when you first became aware of the injury, to make a claim. This is known as the 'limitation period'. However, there are a few exceptions to this rule:

1. Children: if the injured party is a child, the three-year limitation period does not start until their 18th birthday, giving them until their 21st birthday to make a claim. This means a claim can be made on their behalf at any time before their 18th birthday.
2. Mental capacity: if the person injured lacks the mental capacity to make a claim, there is no time limit until their mental capacity is restored.
3. Date of knowledge: in some cases, the injury or the defect in the product may not be immediately apparent. In such cases, the three-year period might start from the date you became aware of the injury and its connection to the defective product, also known as the 'date of knowledge'.

Consult with a product liability solicitor as soon as possible after the incident. JMW can help ensure that your claim is filed within the appropriate time frame and that no deadlines are missed.

Compensation for product liability claims is designed to cover both the tangible and intangible losses you have suffered due to the defective product. The types of compensation, often referred to as 'damages', can include:

• General damages: these cover the pain, suffering and loss of amenity resulting from your injuries. This includes compensation for the physical pain and emotional distress you have experienced, as well as any loss of enjoyment in life or limitations on your usual activities.
• Special damages: these are awarded to cover quantifiable financial losses and expenses incurred as a result of the injury. Special damages can include medical expenses, loss of earnings, care costs, travel expenses and costs to replace or repair the defective product.

If your injury has long-term effects, you may be entitled to compensation for future medical care, ongoing treatments and loss of future earnings.

Each product liability claim is unique, and the compensation you are entitled to will depend on the specifics of your case, including the severity of your injuries and the impact on your life. A solicitor specialising in product liability can help you understand the full extent of compensation you might be entitled to, and work to ensure that all your losses are adequately covered.

Filing a claim for a product liability case where the product was used in a manner not intended by the manufacturer can be complex. However, it is not necessarily impossible. If the way you used the product was foreseeable and the manufacturer failed to warn against such use, you might still have a valid claim. Manufacturers are expected to anticipate reasonable misuse of their products and provide appropriate warnings.

In some cases, even if the misuse was partly your fault, you might still be able to claim compensation. This concept is known as 'contributory negligence'. The compensation might be reduced depending on the degree to which your actions contributed to the incident.

If the injury was caused primarily by a defect in the product rather than the misuse, you may still have a strong case. For instance, if a safety feature that should have activated regardless of how the product was used failed, the manufacturer may still be held liable.

If the product that caused your injury was subject to a recall, it can significantly impact your product liability claim. A recall often serves as an acknowledgement by the manufacturer that there is a defect in the product. This can be used as evidence to support your claim that the product was unsafe.

Manufacturers have a duty to warn consumers about known dangers of their products. If you were not adequately informed about the recall or the risks associated with the product, this might strengthen your claim. If the recall occurred after your injury, it could be used to demonstrate that the manufacturer knew about the defect but failed to take timely action to prevent harm to consumers.

If you complied with the recall instructions but still suffered an injury, this could also support your claim, showing that the injury was not due to any negligence on your part.

A product recall does not automatically guarantee a successful claim. Each case is unique, and various factors will influence the outcome. Consulting with a solicitor specialising in product liability is crucial. They can help you understand how the recall might affect your case and how to best present your claim.