If a device is faulty and I am injured, can I make a claim?

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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

    If a device is faulty and I am injured, can I make a claim?

    When you buy a new device or appliance, you expect it to be working correctly. If it is not then you can of course take it back to get a full refund. However, if a faulty product causes you an injury whilst you are using it, you may be entitled to personal injury compensation. It doesn’t matter whether it is an electrical appliance or a piece of furniture; if it is sold in a faulty condition and it causes you harm then you have a right to seek damages.

    Improper use

    Claims against product manufacturers can only be made if the product was faulty and you were using it correctly. For instance, if you are standing on a table to change a light bulb and the table breaks then it may well have been faulty but because it was not designed to be stood on, you probably won’t be able to make a personal injury claim. The same principle is true of electrical appliances. However, if you are using an item as it was intended to be used and you suffer an injury, you could be eligible to claim damages.

    Who is liable for my injury?

    If you have been injured by a faulty product, knowing who to claim from isn’t easy. Both the manufacturer and retailer have an obligation to supply goods in a condition that won’t cause injury to their customers. Many products are manufactured abroad and in these cases, it is much easier to make a claim for compensation against the retailer. Often the retailers can make a counter claim against the manufacturer.

    However, in some instances it might make more sense to make a claim directly against the manufacturer. Whether this is appropriate or not can depend on all sorts of factors, which is why you should seek help from a professional injury solicitor with experience in such cases who can advise you as to the best course of action.

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