Product Liability

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Making a Product Liability Claim

    When a business supplies products to consumers, they need to ensure they have been manufactured to a safe standard so they do not cause harm to anyone using them. Normally, this responsibility falls squarely on the shoulders of the specific manufacturer, but it can also be extended to include companies which import products into the country, as well as those modifying or customising products manufactured by a third party. Retailers also have a responsibility to trade in products which are safe to use.

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    There is legislation in place to protect consumers, and so it’s only right those injured by a product failing to adhere to necessary standards seek compensation from negligent manufacturers and/or retailers. The total compensation awarded will be determined on the basis of the type – and severity – of the injury suffered, and the distress and pain it has caused you. Any expenses caused and/or earnings lost as result of the injury will also be considered.

    It’s possible to make a claim for compensation even if you didn’t buy the product yourself. If you were given it as a gift, for example, or received it for free as part of a promotional offer, you still have every right to expect it to be safe.

    Although products will wear out over time and some failure can be expected, being harmed or injured is not acceptable and should not merely be put up with. If you feel you have been hurt or injured due to poorly manufactured goods call free today on 0800 234 6438 and share the details of your case with an expert legal adviser. If they feel the company, person or shop which provided the item has behaved in a negligent manner, an injury solicitor will work to put together the strongest possible case, on a no win no fee basis. This means you won’t have to pay any money up front and, if your case happens to be unsuccessful, you still won’t have to pay any solicitors fees.

    While the basics of a product liability cases may seem fairly simple, they can in fact become much more complex. This is why utilising the services of an experienced and knowledgeable personal injury solicitor – such as those provided by No Win No Fee – is absolutely vital.

    For example, warnings on the packaging of an item do not absolve the manufacturer of responsibility if it then injures you, but in some cases the manufacturer may try to claim the injury occurred due to your misuse. Another complication can arise when a product is made up of many constituent parts, each one manufactured separately. If the brakes on your car fail, for example, do you claim against the overall manufacturer of the car, or the specific supplier of the faulty brake discs?

    An expert solicitor will know the answer to this question and any others you might have, and will make it their business to build the most solid possible case on your behalf. If you’ve been injured, you shouldn’t have to spend your time worrying about the technicalities of your case. It should be borne in mind, however, that you only have a period of three years during which you can make a claim against a retailer or manufacturer after suffering an injury caused by one of their goods. As such, if you feel you’ve suffered in this way, you should get in touch with an injury solicitor ASAP.

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