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Product Liability

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 14 Aug 2015

I2. How a Lawyer Can Helpf you suffer loss or harm as a result of a defective product you may be able to claim for compensation. Compensation can be in the form of a refund, product replacement or in more serious cases an award of damages to compensate you for your loss.

In most cases a consumer complaint for defective products can be quickly resolved without the assistance of a lawyer. You may simply be able to contact the manufacturer and provide evidence of the safety defect. A manufacturer concerned with their brand reputation will likely compensate you by issuing a refund or offering to replace the defective goods with safety-compliant alternatives. In some instances a manufacturer may pick up a safety defect in their products which runs across the entire range and may issue a product recall. In this case a consumer will need to provide the manufacturer with evidence of their purchase and will be entitled to a full refund.

In other situations a manufacturer may deny liability for the safety defect. If the product in question was an expensive one or has caused significant loss or damage it may be worth taking legal action with the assistance of a lawyer. A lawyer should also be consulted if you or someone else has suffered an injury resulting from use of a defective product. Unless you are seeking a very small amount in damages it is highly advisable that you seek legal representation to improve your chances of success. Manufacturers will almost always be covered by product liability insurers and any action taken against them will see the consumer pitted against experienced litigators. This may result in an imbalance of power which could be highly detrimental to your case if you were to proceed with your claim without legal representation.

In particular a solicitor can:

  • take care of the administrative burdens associated with lodging a claim for damages;
  • provide clear and objective advice on whether the loss or harm you have suffered as a result of using the defective products is of a kind that is likely to attract a reasonable award of damages;
  • represent you in the event that the claim goes to court; and
  • evaluate whether the financial benefits will outweigh the financial costs.

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