Claiming for faulty product damage

Claiming for damage caused by a faulty product:

There are several legal routes available to you in England and Wales, depending on the circumstances.

Consumer Protection Act 1987 (strict liability):

This Act implements the principle of strict liability for defective products. You do not need to prove negligence. You need to show that the product had a defect (meaning its safety was not such as persons generally are entitled to expect), that you suffered damage, and that the defect caused the damage.

You can claim against the producer, the importer into the UK, or any own-brander. If none of these can be identified, you can claim against the supplier unless they identify the producer or their own supplier within a reasonable time of being asked.

Damage covered includes personal injury and damage to private property (other than the defective product itself), but there is a lower threshold of £275 for property damage claims.

There is a three-year limitation period from the date of damage (or knowledge), and a longstop of ten years from the date the product was first supplied.

Consumer Rights Act 2015 (contractual route):

If you bought the product yourself, you have statutory rights under the Consumer Rights Act 2015. Goods must be of satisfactory quality, fit for purpose, and as described. If they are not, you can seek a repair, replacement, price reduction, or the right to reject the goods, depending on timing.

This route is against the seller, not the manufacturer. It is often the simplest route for getting a refund or replacement, particularly in the first 30 days (short-term right to reject) or the first six months (where the burden of proof is reversed regarding whether a fault existed at the time of supply).

For consequential losses (for example, damage to other property or personal injury caused by the faulty product), you can also claim these from the seller as a breach of contract.

Negligence (common law):

You can bring a claim in negligence against anyone in the supply chain who owed you a duty of care and breached it, causing your damage. This requires you to prove fault, which is harder than using the 1987 Act, so it tends to be used where the strict liability route is unavailable or where you want to claim against a party not caught by the Act.

Practical considerations:

1. Preserve the product and any packaging, receipts, or instructions. Photographic evidence of the defect and the damage is important.

2. Get medical records or repair estimates to evidence your loss.

3. Write to the seller or manufacturer setting out clearly what happened, what product was involved, what damage resulted, and what you are seeking. Give them a reasonable time to respond (usually 14 days).

4. If the value of your claim is modest (up to £10,000), the small claims track in the County Court is designed for individuals to use without a solicitor. Court fees are relatively low and costs recovery is limited, reducing financial risk.

5. For larger claims, particularly involving personal injury, you may wish to consider whether a solicitor working on a conditional fee arrangement would be appropriate.

6. If the seller is a trader and is being unhelpful, a complaint to Trading Standards (via Citizens Advice Consumer Service) may prompt action, though they do not resolve individual disputes.

Key factors that would affect the strength and route of your claim:

Whether you bought the product or received it as a gift. What type of damage you suffered (personal injury, damage to property, or just the product itself being useless). How long ago you bought and used the product. Whether you still have the product. Whether you can identify the manufacturer.

If you can give me more detail about what happened, what the product was, and what damage was caused, I can narrow this down to the most appropriate route and next steps for your situation.