Product Liability Compensation Claims
It is possible to claim product liability compensation for any physical injury sustained from a defective product as well as any damage to property, however, the damage to the original product cannot be recovered.
In order to bring a claim for compensation arising out of an injury caused by a defective product it is necessary to prove:
- Damage took place;
- The product was defective, and;
- The defect and the damage/injury were linked
To claim product liability compensation, the injured party must have actually physically suffered an injury due to a fault in the product. All product liability claims must first go through PIAB, just like any other claim for personal injury, however, there are a number of extra and unique obstacles that must be proven in order to ground a claim. These obstacles are extremely difficult to overcome without the assistance of a solicitor.
It is rare in product liability claims that the Injuries Board will actually make an assessment of damages, the reason being that the manufacturer or retailer will invariably maintain that their product could not possibly have caused the injuries complained of or that their product was being used incorrectly. In this instance the Injuries Board will issue an Authorisation permitting the injured party to issue court proceedings. Under The Liability for Defective Products Act (1991) an injured party has 3 years within which to bring a claim. For more on The Liability for Defective Products Act See our blog post on Defective Products.
If you have any legal questions or wish to start your claim, please do not hesitate to contact our dedicated and experienced team of solicitors who will be more than happy to talk you through the whole process and answer any questions that you may have. You have two years from the date of your surgery within which to make a claim after which time your case will become statute barred. Locall 1850 20 40 60, Tel: 01 453 7890 Email firstname.lastname@example.org or fill out our call back form.