Defective/faulty product injury compensation claims

What is a defective product claim?

If you buy a product that doesn't work as it should, you have legal protection from the Consumer Rights Act 2015. This gives you the right to have it repaired, or get a replacement or refund. You would usually contact the retailer and they often resolve the issue.

But sometimes in defective product cases, you might need more than a refund or replacement to put things right. If a faulty product causes you a physical injury, you have the right to make a defective product claim for compensation. This is usually against the manufacturer, but it could also be against an importer or retailer.

In cases of injury or death due to a defective product, the Consumer Protection Act 1987 is the relevant defective product law. As well as your injury, damage to your home and your possessions can also be taken into account. 

If you've been injured by a defective product, contact us on  or request a call back to find out whether you are eligible for a compensation claim.

Why do product liability claims arise?

A defective product claim under the Consumer Protection Act 1987 arises when someone suffers ‘any damage' as a result of the product defect. Defective product law under this Act offers considerable protection and covers you if a faulty product is the direct cause of physical harm.

By law, any product or equipment you buy should be safe for you to use if you're operating it properly, without injuring you or anyone around you. Manufacturers are responsible for your wellbeing and the government provides them with extensive product safety advice to clarify their responsibilities. 

You don't need to prove that the manufacturer was negligent to make a defective product claim. You can claim compensation if a defective product causes an injury - even if the manufacturer did what's reasonably expected of them when producing the product.

What types of defective products could cause injuries?

Many different products can be dangerous if they're defective or not manufactured to a high enough standard. Below are some examples of defective product claim types but you can still claim if your experience isn't shown. It's likely we can help if you have been injured by a defective product in the last three years. 

Cosmetic and beauty treatments

This a wide-ranging defective product claim category. Faulty cosmetic products such as hair dye, lipstick, nail varnish, creams, lotions and makeup can all cause skin damage. Equipment such as hair straighteners and electrolysis/laser machines can cause scarring or burn injuries. In some cases, injuries can happen due to the negligence of a beautician or hairdresser and we can help you make a claim for compensation.

Electrical equipment

If electrical equipment doesn't meet appropriate standards in design, manufacturing or testing, they may cause electric shocks. There have also been cases of everything from mobile phones to tumble dryers catching fire. 

Kitchen equipment, including ‘white goods'

Kitchens are usually packed with electrical and gas appliances, so it's frequently a place where product-related accidents happen. Faulty cookers, hobs, ovens, coffee machines and kettles can all cause scalds and burns. Food processors and slicers can cause nasty cuts if guards are faulty or poorly designed. 

Contaminated uncooked food 

Food sold in a raw (uncooked) state comes under the Consumer Protection Act in England and Wales. If contaminated food causes you harm, such as food poisoning, you may have the basis for a compensation claim. Claims can also sometimes be brought if foreign objects in the food cause your harm.

Upholstered furniture

Manufacturers of upholstered furniture such as settees, chairs, padded stools, sofa beds and bean bags must comply with the Furniture and Furnishings Fire Safety Regulations. These set out levels of fire resistance and manufacturers must carry out testing to ensure fire safety within specified standards. Consumers can bring defective product cases if products do not meet these standards and an injury is the result.

Motorised vehicles including cars, vans and motorcycles

You may claim compensation if a vehicle product defect causes you physical harm, whether you were the driver or a passenger in an accident. Government road accident data lists defective tyres as one of the main product-related causes of an accident, along with brakes, steering and suspension.

Claims against manufacturers often focus on defective components that may not have caused the crash, but that may have contributed to injuries. Examples include safety features such as seatbelts and airbags.

Leisure vehicles

Boats, bikes, scooters, quad bikes and so on are of course often designed to be driven at speed, but this can increase the risk of an injury being more serious. Manufacturers should factor this in and make products free from defects that might cause accidents or injury.

Pharmaceutical, medicines and drugs

Despite extensive development and testing, sometimes medicines and other pharmaceuticals cause problems after they are introduced onto the market. The formulae itself could be at fault, or there may be a manufacturing problem with a specific batch. If you have had side-effects from a pharmaceutical product or have been ill as a result of taking it, you may be able to claim compensation.

Pushchairs, prams and child safety equipment

Defective product cases often centre around buggies and prams. Poorly designed hinge mechanisms often lead to hand injuries, and compensation claims against manufacturers are not uncommon. 

Child safety equipment such as safety gates, harnesses and playpens, are another area where claims are brought under defective product law. The Child Accident Prevention Trust have raised concerns about how child car seats are fitted and say that ‘manufacturers have not made things easy for parents'. If you believe that a manufacturing defect or design flaw has caused your child an injury, please contact us for advice.

Children's toys and games 

Manufacturers have a responsibility under the Toy Safety Regulations 2011 and should take toy safety seriously. This includes warning you of any risks from children using the toy as expected. So if a faulty toy harms your child, you will quite rightly want to see action taken. 

A defective product claim might follow an accident with wheeled toys such as bicycles and scooters, and play-on toys including swings, slides and trampolines. Small toys can also cause harm, for example due to sharp edges and swallowing hazards. 

Tools and gardening equipment

Power tools and powered gardening tools are sometimes faulty and this contributes to an accident. Defective non-powered tools and equipment such as ladders may also cause an injury. If you've been injured by a defective product in the garage, workshop, garden or around the home, compensation could help you get the money you need to cover any costs the injury causes. 

Leisure, camping, sports and exercise equipment

Outdoor activities often involve the use of equipment, from bikes and safety helmets to skis and diving gear. Manufacturers should anticipate how consumers use their products and make sure that they perform as expected.

Defective gym equipment is also a concern. People use treadmills, exercise bikes and rowing machines at pace, and if you're injured by a defective product while using them it can lead to a nasty injury. Strength machines are potentially just as dangerous because of the loads that an accident can place on the body. 

Medical devices and implants

Claims in this category can involve two main types of product. First, medical equipment used in your treatment that was faulty and caused an injury, even if you didn't buy that equipment. Second, compensation may be possible if faulty implants such as replacement hip or knee joints, pacemakers or breast implants have caused you harm.

Dental products

Defects can happen with dental treatments including implants, veneers, bridges and crowns. In these cases, the result can be considerable pain. If the product itself was not faulty, but the problem was due to inadequate care by the dentist, you could have a case for medical negligence compensation. We can advise you on what type of claim is appropriate for your situation.

If for any reason something went wrong with any of these products and you were injured as a result, please get in touch on  or request a call back so we can assess whether you might be able to make a compensation claim. 

What type of injuries can defective products cause?

A wide variety of products are the subject of defective product claims, and a large range of injuries are involved. Compensation for defective products is awarded for everything from relatively minor cuts and abrasions, up to broken limbs and even more severe injuries. Other injury types include burns, rashes or scars and food poisoning.

What should I do if I suffered an injury due to a defective product?

You should seek appropriate medical help when injured by a defective product. Please make sure you get the treatment you need as soon as possible.

If you then decide to see if you have a case for compensation, get in touch with us on or request a call back and we will help. To help your defective product lawyer build a case, they may ask you to gather evidence of what happened:

• The product itself
• Photographs and/or a video of the product, showing the fault
• The packaging it came in
• Any instruction manual or other paperwork it came with
• A receipt, or other proof of purchase such as a record on your bank account

It's also a good idea to take photographs or video of any physical injuries you sustained. Make a note too of your injury or symptoms, when they happened, and any medical appointments and treatment you received.

Don't worry if you can't get all of this together. Call our experienced advisors and we'll help you with your claim. The first step is to get in touch with us on or fill in our call back form.

Can I make a compensation claim if I'm injured by a faulty product?

Yes, the Consumer Protection Act is clear that liability usually lies with the product manufacturer, and that you can claim against them. As long as the product was faulty and this fault caused the injury, you can claim in most cases. 

Our experienced legally trained advisors can give you an indication of whether you can make a claim, and explain what the claims process involves. If we think you have a claim, and if you want to go ahead, we can put you in touch with one of our expert UK solicitors experienced with defective product liability cases.

Can I claim if the defective product made an existing condition worse?

Yes, you can make a claim if your injury makes a pre-existing condition worse. A defective product lawyer will work with you to establish to what extent the injury made the symptoms of your condition worse. 

In these cases, it's likely that medical evidence will play a big part. We suggest you go to your doctor or another medical professional as soon as possible. The diagnosis and treatment you receive could play a part in the claim, so the earlier you see a doctor the better.

Must I have purchased the faulty product myself to make a compensation claim?

No - anyone who is injured by a defective product can claim. This is your right under defective product law, even if someone else bought the product. 

In fact, there doesn't need to have been a purchase at all. For example, if a medical implant supplied by the NHS causes an injury, you can claim even though you didn't pay for the surgery or faulty product. Lawyers specialising in these cases can still help you claim compensation.

Can I make a claim on behalf of a child or family member?

Yes, you can make a claim for a defective product injury on behalf of someone who cannot make the claim themselves. They might be unable to do it for themselves because they are too young, don't speak the same language, or are suffering from brain injuries, dementia, severe autism or another mental health condition that may affect their decision making.

You would act as their ‘litigation friend'; somebody close to the person who has been affected, such as a parent, partner or friend. We know that it may feel like a big responsibility to be a litigation friend in a case involving defective product law. That's why we're here to explain everything to you simply and to make the process straightforward. You can then focus on being there for the person affected by a faulty product injury.

How much compensation could I receive?

The size of defective product settlements following injury claims depends on two main factors: the severity of the injury, and the effect the injury has on your life. Any physical and psychological injuries will be assessed carefully.

Compensation for defective products might be paid to you for one or both of these categories: 

• Special damages are the financial losses you've experienced as a direct result of your injury and are in addition to general damages. 
• General damages cover pain, suffering and ‘loss of amenity', which means the impact on your ability to do things you used to do, such as everyday tasks and hobbies. 

The Judicial College is the government department in the Ministry of Justice responsible for setting the guideline general damages amounts for all personal injury types. These guidelines include damages for many types of harm that a defective product might cause, including the following examples:

To find out whether you can make a defective product claim, contact us for free on  or fill in our call back form to arrange a call at a time that suits you. We'll never rush or pressure you into making a claim. We're here to help you understand whether you could make a claim and to answer any questions.

How could compensation help?

A financial award can help you with the effects of your defective product injury in many ways. It can compensate you for your general pain and suffering, and impacts such as being unable to lead the same social life. It can also help compensate you for any financial losses you experience, including by meeting household expenses or paying bills that have built up if your income is affected.

Your defective product settlement may also help pay for medical treatment. This might include rehabilitation to help you recover from physical injuries, or counselling if the injury has affected your mental health.

How long do I have to make a compensation claim?

To qualify for making a defective product compensation claim, you must usually have suffered the faulty product injury within the last three years if you were 18 or over when the injury happened or you became aware of it. 

If you were under 18 at the time and no claim was made before you were 18, you have three years from your 18th until your 21st birthday to claim.

There are exceptions to the three-year limitation. For instance, there is no time limit if the victim experienced such a severe injury they can't make the claim themselves. This also applies if they for any reason lack the psychological capability to do so.

If you've got any questions about making a no win no fee claim, contact us for free and impartial advice on or request a call back. We'll listen to what you've been through and let you know if we think you could make a no win no fee claim. 

Alternatively, try our eligibility verifier which asks some simple questions about what happened and we'll let you know whether we think you may have grounds to make a claim.

How long will my compensation claim take?

Every claim we handle is different and that makes it hard for us to say how long your compensation claim might take. Cases where fault is clear and straightforward may settle sooner than others. 

If the claim does take longer,  it may be possible to make your defective product injury compensation payments in stages. This could help you with ongoing costs such as rehabilitation or counselling fees. 

You can be rest assured that your solicitors will stay in touch with you throughout the claims process so that you'll always know how things are progressing.

Will I need to go to court?

It's unlikely that you will need to go to court, as most claims made with us settle without a court hearing. Even if a court date is set, your claim might still be settled before the date comes up.

If your case does go to court, you have the reassurance that the defective product lawyer looking after your claim will guide you through each step of the way. They will take you through the preparation process and negotiate on your behalf throughout the court hearing itself. 

Although it might seem worrying, a court hearing can be very positive. Your solicitor will only suggest it if they think it's the best way to make sure you get the compensation you need.

Can I make a no win no fee defective product compensation claim?

Yes, and at National Accident Helpline we specialise in no win no fee claims as they enable you to claim with no financial risk. Making a no win no fee defective product liability claim means you have nothing to pay if you don't win your case.

When you make a no win no fee claim, your personal injury lawyer will cover all your claim's costs and expenses. You'll have no upfront costs and no hidden surprises further down the line.

If you don't win your claim, in most cases all your costs will be covered by what's known as ‘After the Event' (ATE) insurance. Your defective product lawyer will help you put this in place so that if you don't win your claim you won't have to pay legal costs. It covers costs such as medical report fees, court fees and barristers' fees, and even the ATE policy fee.

If you do win your case, the other side will likely be required to contribute towards your legal costs and expenses, depending on the claim type and value. If their contribution doesn't cover everything, the remaining costs may be deducted from your compensation. This deduction may include any fixed fees not covered by the other side, a ‘success fee' for winning your claim, and the ATE insurance policy fee.

You'll know what to expect in terms of costs because your lawyer will explain and discuss your potential contribution at the start of your claim. You'll also have the reassurance that any deduction made from your compensation will be capped at a level discussed upfront with you.