Consumer Protection Act claims – the “bread and butter” of Group Action litigation

There are many laws that protect consumers in relation to goods and services bought and ordered. The Consumer Protection Act of 1987 can protect consumers from ‘damage caused by defective products’.

Along with various other laws, this Act ensures that products and services are fit for purpose and do not pose a risk to property or cause personal injury. Producers can be liable for defective or dangerous products, and should they cause any harm or injury, the producer may be liable to pay damages to those affected.

Precautions to take

When it comes to personal injury, the safety of the product’s user is the most important. The producer must take into account all reasonable ways the product may be used and ensure that the product won’t harm the user in any way.

This is especially essential if the product is made for children.

If possible, the producer should include warnings on the product or in the packaging in a clear and visible way. Warnings of the hazards of the product, prohibitions of using it in a wrongful way, or instructions on how to use it safely, can all help to contribute to the safe use of the product.

Where this isn’t met, a claim may be made, and if there are a number of victims, a Group Action may be formed.

What counts as a dangerous or defective product?

A defect is when the safety of the product is compromised. If the product is dangerous or poses a risk of personal injury, the producer needs to make all attempts to reduce the risks as well as warn the user to prevent injury. If a product does not have adequate visible warnings, instructions on safe use, and prohibitions of hazardous ways of using it, the product could be deemed as dangerous or defective.

Since the new Consumer Protection Act of 2015, the law has been adapted to work with modern-day life and now covers products ordered online and over the phone. They too must fit the description as marketed and sold under; be fit for purpose; and be safe for the user.

I have been injured by defective product: what should I do?

Once you have of course attended to any immediate medical needs, talk to a specialist lawyer like us about what has happened, and we can advise you if we think you have a claim.

We are specialist Group Action Lawyers, and its normally the case that a defect in a product is either inherent across all the products sold, or at least affects a particular batch.

Either way, we can help you out.

Don’t wait around for a group to be formed, because you can still claim on your own anyway. If a group is later formed, there may be greater strength in numbers.