Product liability claims arise where a person sustains a personal injury due to a defective product. A product liability may be considered if a product has a design or manufacturing error which has not been remedied before sale and use by the injured party. The Defective Products Act, 1991 provides that the onus lies on the injured person to prove how the accident happened. An injured party must also show that the defect caused the sustained injuries. Defective products pose a serious threat to the health and safety of a potential user. Product liability laws are complex, it is therefore imperative that you talk with a reputable Product liability Solicitor.
In a Product liability matter it is important to identify the chain of responsibility so you can evaluate who is responsible for the defective product which often may be the manufacturer or the retailer.
Liability for Defective Products Act, 1991
The above Act was put in place to determine liability for injuries sustained as result of a defective products. The act provides that a product is defective where it fails to provide for the health and safety of the product user. It provides further that a manufacturer will be held responsible for any damages due to injury. The manufacturer is expected to demonstrate a duty of care to all product users. It should be noted that a product will not be deemed to be defective simply because a better version of the product may be on the market.
Who is the producer of a defective product?
According to the relevant law, the producer of a product is generally identified as:
- Any party involved in the manufacturing of a finished product or any of the parts which make up the finished product;
- Any party who processes any of the raw materials for the finished product;
- Any party who puts their name or trademark on the product; and
- Any party who imported the product from a place outside the European communities.
Types of Defective Product
There are a number of types of defects that can make it unsafe for use and that have resulted in a product liability claim, the most common defects include;
- Defects in Design: A defect in design makes a product dangerous to use. Design defects may occur even if the product is manufactured to a high standard as it still may be unfit for use.
- Defects in Marketing: an example of a defect in marketing may involve insufficient warnings or instructions. Every manufacturer or producer has a positive obligation to ensure that warnings and instructions are clear and accurate.
- Defects in Manufacturing: an example of a manufacturing defect would be where there is abdefective element or material perhaps due to poor workmanship or poor quality materials.
Failing to notify end users
All manufacturers and vendors of products have a positive obligation to make product users aware of any known dangers or risks connected to their product. A failure to do so may result in an injury been sustained. A manufacturer who is aware of any potential danger to the end user must make that end-user aware of this danger. Warnings can include signs and labels which clearly outline the information required.
If a manufacturer does not adequately train their employees, this may result in a faulty product due to the wrong material being used or poor assembly. It is imperative that all employees are adequately trained and are comfortable with each task they carry out so that all products are assembled correctly before shipping.
Where a manufacturer has a product, which is poorly designed it can become a danger to the end-user. All products should be designed in a manner that makes it practical and safe for use.
Use of Defective Materials
A manufacturer must use products that are not faulty or prone to breakage which will undoubtedly result in injury. This may occur if one or more elements of the product are defective.
Legal Services Offered:
- Product Liability Claims; and
- Defence of Product Liability Claims.
Our 3-stage process
A consultation with our Product Liability Solicitors will help them to understand the nature of the product and injury caused and will allow them to strategize the best path forward for you.
- Legal Proceedings
Our Product Liability Solicitors will draft all relevant proceedings and collect all necessary proofs before drafting the appropriate Proceedings.
- Court Appearance
Our Product Liability Solicitors will then represent you in court on the hearing date and any subsequent adjournments until Judgement.