Product Liability Claims

The Liability for Defective Goods Act 1991 implements the EC Directive 85/374, which is specifically intended to place liability on product producers in relation to dangerous and/or defective products. Additionally, anyone involved in the manufacture, supply, maintenance, installation, and servicing of products has a duty of care to reasonably prevent damage or injury as a result of the use of products.

Product liability claims typically fit into three categories – defectively manufactured products, defectively designed products, and products with insufficient warnings or instructions. If you are unsure which of these would apply in your situation, speak to one of our product liability solicitors who will be able to advise you.

If you have been injured as a result of a product which was defective, poorly installed, incorrectly maintained, or dangerous, you may be able to bring a claim against the liable or negligent party. At Lavelle Partners, we have been representing individuals and their families who have been seriously injured by defective products for over three decades. Our team prides itself on being highly empathetic, patient, and caring to clients who are emotionally, physically and financially impacted as a direct result of their injuries. If the injuries suffered mean the individual is unable to return to work, continue their domestic and family roles, or enjoy life as it once was, we will do all we can to put that person back into the same situation as they enjoyed prior to the injury occurring, or as close as possible to it.

What type of product liability injuries can I claim for?

Product liability injuries fall into three categories:

• Injuries due to defective manufacturing – e.g. missing brake pads on a vehicle, using incorrect fastenings causing items to break, toys made with poisonous materials or substances.
• Injuries due to defective design – e.g. products which are inherently unstable allowing them to tip, items such as cots which could cause infants to become trapped, or products which due to their design may cause electrocution or explosion.
• Injuries due to failure to warn – e.g. failure to show side effects on medication or failure to warn of limits on use or exposure.

Who is liable for my product liability injury?

Product liability related injuries may be due to (but not limited to):

• Importers
• Distributors
• Resellers
• Retailers
• Service agents
• Installers
• Manufacturers and producers (of the finished product, raw materials, or component parts)
• In many cases of personal injury relating to a dangerous or defective product, it is not immediately clear who is legally liable. Our team of specialist product liability solicitors will be able to advise if negligence has occurred, and if so, who is liable for any claim brought.

Lavelle Partners can assist with product liability claims of any type, including those which fall into the categories of pharmaceuticals and medical products, food, electrical goods, sports products, hardware, vehicles or toys.

Do I have grounds for a product liability injury claim?

To bring a claim against a negligent party for your injuries, it will be necessary to prove:

• The party owed you a duty of care or was liable for the safety of their products, and;
• The duty of care was breached, and;
• The breach of care led to the injury.

This means that in some contexts, it may not be possible to make a claim because there is a lack of proof of liability or breach of duty. One of our primary roles will be to establish if there are grounds for a claim and if so, to create a compelling case that proves the other party held legal culpability which they breached, leading to your injury.

If you are unsure if the circumstances of your product liability injury are grounds for a claim, please contact one of our product liability solicitors today who will take the time to listen to the details of your case and advise you of your legal options.

What may a claim for product liability cover?

Claims following product liability due to negligence may cover two areas of loss:

• General damages: Pain and suffering due to the injury; and
• Specific costs resulting from the injury caused. This may cover costs already incurred, such as transport, accommodation, and medical treatment, and expected future expenses, such as physical therapy and care costs.

The costs you receive will be based on the precise injuries suffered and the circumstances of the case.

How Lavelle Partners product liability injury solicitors can assist you in bringing a claim

• Lavelle Partners have successfully managed many cases of product liability injury.
• Our team have been helping clients since 2004, with decades of combined experience across the team, and place client care at the centre of everything they do.
• From the first moment you speak to one of our solicitors, we will listen to your case carefully and with empathy and will only recommend advancing your case if we believe you have a valid case.
• We have both the legal expertise and understanding of the real-life challenges faced by individuals and their families following such events.
• Our solicitors will manage the process entirely on your behalf; compiling the information necessary for your case, including medical notes, and managing the submission of your personal injury claim.

By allowing us to handle your claim on your behalf, you can focus on what is most important, your recovery and care, or that of your family member or loved one.

For further information on making a claim for product liability injury in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800 or email Avril Scally at ascally@lavellepartners.ie