Bringing a product liability claim arises when an injury is caused by a defective product. You may be entitled to compensation for injuries caused by a defective product if the product was unsafe or faulty, and the defect directly led to your injury or loss.
Essential Elements of a Product Liability Claim
To succeed in a product liability claim, three elements must be established:
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Damage Occurred – You must show that an injury, loss, or damage took place.
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The Product Was Defective – The product must have a defect in design, manufacturing, or instructions/warnings.
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Defect Caused the Damage – A direct link must exist between the defect and the injury suffered.
Without all three elements, a claim for product liability compensation cannot succeed.
How Product Liability Claims Are Processed
All product liability claims in Ireland start with the Personal Injuries Assessment Board (PIAB), the same process as personal injury claims. In practice, the Injuries Board rarely issues an assessment because manufacturers and retailers usually present strong defenses. Once the Board reviews your claim, it will issue an Authorisation allowing your solicitor to initiate court proceedings on your behalf.
Who Can Be Held Liable Under the Liability for Defective Products Act (1991)?
Under the Liability for Defective Products Act (1991), a claim must be brought within three years of discovering the injury. The Act defines a “producer” who can be held responsible, including:
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Manufacturers or producers of finished products
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Manufacturers of raw materials or component parts
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Anyone who processes certain goods (e.g., agricultural, fisheries, or game products)
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Anyone who places their trademark on a product
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Importers who bring a product into the European Community
Claimants do not need to prove negligence, only that the product was defective and caused the injury. However, this can be challenging without legal guidance.
Steps to Take If Injured by a Defective Product
If you suffer an injury from a defective product:
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Seek immediate medical attention
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Take photographs of the product, any labels, instructions, and your injuries
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Preserve the defective product if possible, as an engineer or expert may need to inspect it
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Keep records of purchase receipts and any related communications
Following these steps ensures that your product liability claim has the strongest possible evidence.
Contact a Solicitor for Product Liability Advice
Product liability claims can be complex and require experienced legal assistance. If you have been injured by a defective product, contact one of our solicitors today to discuss your options for compensation. Early advice can make a significant difference in successfully pursuing a claim.
