Businesses supplying products to consumers have a duty to ensure that those products are safe. Normally it is the actual manufacturer who would be liable if a product is defective.

A manufacturer or producer can be a company that actually makes products, one that imports a product into this country or even businesses that customise other manufacturers' products for their own stores. But stores and other retailers i.e. distributors also have responsibilities relating to the products that they sell on.

Under the Consumer Protection Act 1987 and Sale of Goods Act, if a product causes injury, the manufacturer (or the importer) is responsible. However, if the retailer cannot confirm who the manufacturer or importer is, the retailer will be held responsible.

The product or device could be found to be unsafe to use or contained harmful substances. This could be a toy, a vehicle, an electrical product, an item of cosmetics, food or drink or even furniture.  Other products include pharmaceutical products and 'bio-medical' products, which are devices implanted into humans e.g. hip replacements, breast implants and pacemakers.

Defective products can be categorised into four main areas, as shown below:-

1. Manufacturing - when a product does not correspond to its usual specification, usually as result of quality control failure. Manufacturers are generally strictly liable for product liability as a result of defective manufacture, and there is often no need to provide evidence of negligence.


2. Design - where the product is poorly designed. Some designs may be obviously inadequate, whereas others will involve more complicated legal arguments.


3. Failure to Recall/announce warnings - companies fail to respond quickly and fully when they become aware of natural defects in their products; failing to adequately warn consumers of the product's lack of safety, which is negligent.


4. Warnings - companies fail to ensure that product warnings are appropriately updated and accurately reflect the dangers or risks involved in using the product. Contradictory claims made in advertising or promotional material, or made by sales representatives, may result in claims for negligence.

You have to prove that the product was defective, (meaning it was less safe than you could reasonably expect, not just that it was of poor quality), and that this was the reason that it caused your injury.