Harmful Products
Have you been harmed by a
product?
A medical device that has
gone wrong; an unexpected side effect from your medication?
A beauty product that has
caused an unexpected reaction or purchased a faulty product
which caused you or your family harm?
Harmful products compensation
claims
In the eyes of the law if
the product did not produce the level of safety you would have
expected then it may be considered defective and you may be able to
be compensated for the injuries or losses that follow.
Please read about:
It is vital to instruct the right
solicitors to prosecute your claim and look after your interests.
It may be the most important decision you will ever need to
make.
Hugh James has a depth of
experience in helping people like you to make a successful claim
for compensation.
We are happy to arrange an initial
free interview to discuss all issues involved in pursuing a
compensation claim.
Hugh James harmful products services:
What you need to prove
In order for your claim to be successful you, as the claimant,
will need to establish that the product was defective and that this
caused you an injury that you would not have otherwise have
suffered.
In other words you will need to
prove that the manufacturer or supplier was liable for the defect
in the product and that this caused you injury. Hugh James can help
you achieve this outcome!
Consumer Protection Act
The Consumer Protection Act 1987 (CPA) applies to any products
supplied by manufacturers after the 1 March 1988 and it provides
that where any damage is caused "wholly or partly by a defect in
the product" the manufacturer and/or supplier will be liable for
the damage caused which includes personal injury. The Act
imposes a strict liability on the manufacturer/supplier.
Under the CPA it must be proved
that the product was defective; that is "the safety of the product
was not such as persons generally are entitled to
expect".
Once we have proved that the
product was defective we will need to prove that the defect in the
product caused the damage. This can only be proved on the
basis of medical evidence.
Common Law
Negligence
Under the common law of negligence it must be established that
there was a defect with the product and that there was a duty on
the manufacturer to take reasonable care to ensure that it would
not cause damage and there has been a breach of that duty by the
manufacturer because it was reasonably foreseeable at the time that
the product was supplied that injury was likely to occur.
Unlike a claim under the Consumer
Protection Act where the onus is on the Defendant to show that the
defect could not have been identified at the time of supply, under
the common law of negligence, the onus is on the Claimant to prove
that it was reasonably foreseeable to the Defendant at the time of
supply that the product was defective and would cause injury.
This claim is more difficult but may be necessary if the product
complained if is more than ten years old.
The Limitation Act
provides that the claim must be brought within 3 years of the date
of knowledge that the product was defective and had caused a
significant injury.
Hugh James personal injury
lawyers:
- assist some of the 700,000 or so people who
are injured each year and wish to seek compensation for their
losses – and we can assist those who have been injured and who
could claim but feel unable to.
- investigate each potential claim thoroughly
and offer early and ongoing assessments as to the prospects of
success in your claim and the likely level of compensation and
other remedies you may be entitled to.
- help clients who have suffered relatively
minor injuries and those who have had the misfortune to suffer
catastrophic and life changing injuries.
- work to the highest service standards so that
we conclude your case as quickly as possible with the right
remedy.
- work on conditional fee agreements so that if
we don’t win your case there is no bill to pay (if we do win it
your opponent will pay).
Many of our solicitors
have national reputations as leaders in their fields. We count
amongst us Deputy District Judges, Recorders, Queens Counsel,
Solicitors Regulation Authority specialist panel members, Fellows
of the Association of Personal Injury Lawyers (APIL), members of
Action for the Victims of Medical Accidents, published authors of
legal texts, frequent contributors of legal journal articles and
some of the country’s most renowned trainers of other lawyers on
all aspects of personal injury law.
Your claim is in safe
hands with Hugh James.
Hugh James harmful products experience
The Hugh James harmful products team has many years
experience of successfully winning harmful product claims.
Our expert advice has helped
us to be ranked first as a representative of Claimants in
such cases by Chambers and Partners, the Independent Guide to Law
Firms.
Compensation has been recovered for
many victims of harmful products such as ordinary household
products as well as medical and pharmaceutical devices.
Most recently the firm:
- negotiated a settlement protocol for patients who alleged
visual problems from their cataract remedial intraocular
lenses
- represents the victims of the South Wales E-Coli outbreak
- obtained compensation for one individual who complained of a
defective hip prosthesis
- obtained compensation for one individual who suffered injury
from a piece of aircraft furniture in a First Class cabin.
Read our harmful product group actions case
studies