Defective Products Claims

If you have been injured by a product that was defective then you may be entitled to bring an action for compensation against the manufacturer of the product.

Product liability is governed by the Liability for Defective Products Act 1991which gives you a three-year period within which to bring your case if you have been injured.

Defective products are covered by what is known as a “strict liability”. This essentially means that once you can show that the injury was caused by the product you don’t have to prove that the manufacturer was negligent, liability automatically attaches to the manufacturer.

It is important to note that if the product has been on the market and in circulation for a period of 10 years or more then, that is the backstop date. Therefore, once the 10 years of circulation passes no liability can attach for the defective product. Therefore, the date of when the product was actually put onto the market and sold to the consumer is of particular importance in product liability.

There has been a lot of recent case law in the area of product liability relating to medical devices in the Irish Courts recently. These include the De Puy Attune knee system and there has been significant case law regarding other medical divces such a prostectics, heart valves, implants, pacemakers etc.

Product liability does not only attach to medical devices but also attaches to basis household items and electrical equipment.

What constitutes a defective product:

Product liability is the liability that attaches to a manufacturer or supplier for producing or selling a faulty product. The liability for Defective Products Act 1991states that a product “defective if it is not safe for the consumer for use it”. Safety is the main concern and products that are simply of an inferior quality do not satisfy the test of defective within the legislation.

How do I make a defective product claim:

As soon as you become aware of the defect in your product or as soon as you become aware that you have been injured by that defective product then you must immediately contact the manufacturer and or supplier and if possible return the product to them. If the product is in a dangerous state you should report it to the competition and consumer protection commission.

Thereafter, you should immediately seek the advice of an experienced solicitor in the area of product liability. At McElhinney & Associates Solicitors we have extensive knowledge in the area of product liability claims, ranging from the most simple to the

most complex and we will be able to investigate your claim and provide you with the advice on the options available to you.