If you have purchased a product in a shop or online and it turns out to be faulty in some way, you are usually able to return the product and receive a replacement or a refund. However, when that product causes an injury to you because of a default that was not obvious at the time you were using it, you are able to claim product liability compensation from the producer of that product.
A recent example of a product liability case in Ireland was when a young girl was standing next to an indoor heater and her cotton dress caught fire, burning her badly. The manufacturers of the dress were found negligent inasmuch as they had failed to advise consumers that the dress was flammable, which could have easily been done by affixing a label to the dress.
The laws governing product liability cases are published in the “Liability for Defective Products Act (1991)” and include any product which is manufactured as a finished product or component in Ireland or the EU, or any product imported into the EU. There are special rules concerning retailers who are unable (or unwilling) to provide information relating to the source of a defective product, who then become the liable party themselves in a claim for product liability compensation.
Making a Claim for Product Liability Compensation
Claims for product liability compensation must be made to the Injuries Board Ireland in much the same way as any personal injury claim for compensation. However, as it is commonplace for manufacturers to dispute liability for any injuries you may have suffered as a result of their defective product, the Injuries Board Ireland will decline to make an assessment on your claim for product liability compensation and issue an authorization for you to seek jurisdiction in the courts.
Even in cases where the negligent producer does agree that they sold a faulty product which caused an injury, your application form to the Injuries Board Ireland has to be comprehensively completed and include details of any correspondence between the negligent producer and yourself, and be accompanied by a medical report confirming your injuries. It is for these reasons that, when considering a claim for product liability compensation, it is in your best interests to consult with a specialised personal injury claims solicitor.
To enable you to find out more about the benefits of using a specialised personal injury claims solicitor when making a claim for product liability compensation, we have established a free advice telephone service which you are invited to call and speak with a solicitor with regard to your personal circumstances. We will be able to give you helpful and practical advice about your entitlement to claim and also offer accurate information regarding the level of compensation you could expect to receive.
The telephone number to call is 1800 989 995, and our lines are open from 8.00am to 10.00pm, seven days a week. We also operate a call-back service, so if you would rather that we rang you, please complete your contact details in the call-back box at the foot of the page, and one of our helpful and dedicated team will get back in touch with you.
Our Promise to You:
- 100% Free, helpful and practical advice
- 100% Accurate and up-to-date information
- 100% Courteous and confidential service
- 100% No obligation to proceed with a claim
What You Can Expect When You Call
There are a number of “allowable defences” that negligent manufacturers can use when faced with a claim for product liability compensation, so we would ask you to describe in detail the circumstances surrounding the accident that occurred with the defective product, the injuries that were sustained and the treatment that you received for them.
We will try to establish whether there is a case for product liability compensation which is worth your while to pursue and advise you of the likelihood of your success. We should also be able to advise you of any potential pitfalls there may be along the way, and how long your claim for product liability compensation should take to process.
If you have any questions concerning your claim or have possibly received conflicting pieces of advice from well-meaning friends and relatives, now is an opportunity to have any issues sorted out. We will answer all your questions in plain English and offer a selection of options for you to consider, tailor-made to your own personal circumstances.
You are under no obligation to proceed with a claim for product liability compensation, and frequently clients will take a day or two to reflect on the advice we have offered before coming to a decision. We would suggest you do not leave it too long to conclude your deliberations, as the same time limits apply to claims for product liability compensation as with personal injury claims.
Therefore we look forward to hearing from you soon on telephone 1800 989 995 and please remember that we also operate a call-back service for your convenience.
