vicarious liability
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Wednesday, November 19, 2008
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Wednesday, November 19, 2008
Product Liability and Personal Injury CompensationBy: Julian Hall
Product Liability and Personal Injury Compensation
Product Liability and Personal Injury Compensation
Claims in the UK
There are strict laws in the UK governing the manufacture and sale of products.
If a manufacturer sell a product that is defective and the defects cause injury,
loss or damage then that manufacturer is liable to pay compensation.
Fortunately, suing a manufacturer for compensation in a
product liability case
is easier than you think.
Products Liability is generally considered a strict
liability offence. Strict liability wrongs do not depend on the degree of
carefulness by the defendant. Translated to products liability terms, a
defendant is liable when it is shown that the product is defective. It is
irrelevant whether the manufacturer or supplier exercised great care; if there
is a defect in the product that causes harm, he or she will be liable for it.
PRODUCT LIABILITY - FAULTY GOODS
These are cases arising out of a situation where products are defective and
cause injury as a result of the defect. If you have been injured as a result of
purchasing a standard consumer product which is defective, then you may be able
to claim compensation from the manufacturer/supplier as well as
individuals/companies through whom the goods may have passed.
Defective household products can result in serious
injuries, or even death. Defective household products that injure consumers may
result in a product liability claim.
One of the most common terms to arise in product liability litigation is "
defect". In the eyes of the law this term has a broader meaning than one might
expect. The law considers any product which is unreasonably dangerous for its
intended use to be defective. In considering this definition, it is important to
remember that the term "unreasonably" dangerous is crucial to the meaning of the
term "defective". Thus, a product may be inherently dangerous but have such
utility that the danger is one which would not be considered "unreasonable".
Manufacturers are almost always covered by insurance and
claims for damages usually fall into four categories:-
Defective Design
means that an item is inherently dangerous because of inadequate design.
Defective Manufacture
generally occurs because of a quality control failure ensuring that the item
does not achieve the required specification.
Defective Warnings
do not accurately reflect the dangers associated with the item or adequate
warnings may have been minimized by the salesman.
Negligent Surveillance
occurs when a manufacturer does not properly warn consumers about an items
subsequently discovered lack of safety.
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Product Liability
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Contact Julian Hall of Claims Master Group - The Personal Injury, Accident Claim, No Win No Fee specialists. If you need advice or would like to speak to someone don't hesitate to give us a call on 08000 71 22 71.
http://www.claimsmastergroup.com