You must ensure that any product you manufacture or sell is safe and complies with the relevant statutory regulations. The consequences of selling an unsafe product range from loss of customer confidence to Court action, be it for damages or a criminal prosecution.
In any civil claim for loss, damage or injury it must be shown that, on the balance of probabilities, the defect in the product caused the damage.
Who may be liable?
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Producers including manufacturers and processors.
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Importers including importers in to the E.U. not just in to the United Kingdom.
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Own-branders including suppliers who put their own name on the product. Even wholesalers and retailers may be liable if they fail to identify the producer, importer or "own-brander".
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What is a defective product?
A defective product is defined as one where the safety of the product is not as one is generally entitled to expect. A product will not be considered defective solely because it is of poor quality.
How can we assist when a claim is made against you?
There are a number of Defences that can be pleaded to escape liability. We can advise you on the best way to approach any claim made.
If the Claimant is likely to succeed we can assist in limiting the extent of your liability.
To discuss matters further or to obtain additional information, please contact:-
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Neil Eaton: |
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Sean Whitehall: |
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