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| Accidents By A Product --- For Yourself |
| Introduction |
Product liability comes under Consumer Protection Act. Consumer Protection Act has undergone quite a few amendments so as to protect the interest of commoners. If you suffer an injury due to a defect of a product or product malfunctioning then you may claim compensation from the multiple parties associated with the manufacture and sale of the product.
You were injured because of a fault/defect in a product, you may be able to recover compensation for your injury and other losses.You may be able to bring a number of claims against different persons/companies. Generally you can claim for injuries suffered within 2 years of the accident. But in certain exceptional cases, if you claim after 2 years from the accident time, consulting a solicitor is the best available option.
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| The Law Says, |
Depending on the circumstances of your case, you may be able to make one or more of the following claims:
(i) You can claim against the producer of goods for providing you defective products that harmed you. Defective products are those that do not meet standard customer expectations(cosumer act 1997).
(ii) You can also claim against the seller/retailer of the products. You can say this by justifying that they were not upto your minimum standard expectations. You are actually claiming against a breach of contract. You have to prove that the products were unsafe for consumption.
(iii) You can also claim “negligence” on the part of manufacturer for improper packaging, allowing the goods to be deteriorated and hence become unsafe for consumption. |
| ‘Goods’ can be and are supposed to be defined differently for the purpose of each claim. Generally, they include most of the items, such as cars, toasters, washing machine, food articles etc. But, if you are not sure which item has caused harm to you, you should seek legal advice.
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| The producer/seller/manufacturer might possess number of defenses to your claim. But, they cannot exclude themselves from the responsibility they hold for the harm caused by their product by notice or a term in a contract. |
You can claim compensation for:
(i) The physical scars and injuries that you had to suffer.
(ii) That you could not enjoy your life after the injury.
(iii) The salary/wages that you lost and will lose in the future because of your injury.
(iv) Medical expenses and other types of expenses that you incurred because of the injury (e.g. traveling to the doctor, medication charges, equipment you need to use as a result of your injuries, and similar future expenses).
(v) Household expenses, expenses borne to get attention from a person who took care of you.
(vi) Loss of enjoyment, love, companionship, mental anguish and mental suffering.
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| You should carefully preserve all documents including the medical slips, invoices, receipts that will help you to claim for compensation.
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| Your may not get adequately compensated. if you were found to be guilty of negligence yourself.Such negligent behavior includes for example taking unprescribed medicines, not following physicians instructions etc. Your compensation may also be reduced if you receive any state benefits to compensate loss of wages, loss of mobility and care.
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