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Consumer Rights

Governed by the contract law, product liability empowers the consumers to claim for any damage that may be caused by the use of any product. It is the negligence or irresponsible behaviour of the manufacturer in their deviation from the required safety and quality standards while the products are being manufactured that has harmed the consumer and so should necessarily be held liable for the same. In case a sub-standard product is made available to the consumer, retailer can then be asked to pay a claim for:

  • Any property damage or personal injury it has caused.
  • The refund or the expenses for repair if the product has been in use for quite some time.
  • Any financial loss that might have been caused to the consumer due to inferior quality of the product.

Product liability is broadly divided into two areas:

a) Product liability for its quality standards
b) Product liability for its safety standards

However, these two divisions of product liability often overlap in some cases. These standards have been made so as to keep a check on the manufacturers. This will also empower people with consumer rights if they have suffered any loss or harm because of use of any inferior product for which they have paid, expecting it to be a quality product.

Laws for product safety have been governed by non-contract (that includes claims for criminal laws as well) and contract claims. Consumer rights for product safety means that the goods must not pose any threat of personal injury or death to the consumer and should be as safe as possible keeping in mind the purpose for which the product will be employed for. Any breach of these safety requirements may lead to criminal prosecution and damages claims under the UK legislation. Manufacturers, retailers and distribution therefore must be mindful to strictly adhere to these requirements. Similar is the case with quality standards that involves employing of superior quality ingredients in the manufacture of the product so as to provide consumers with a good quality product that solves the purpose with utmost proficiency for which it has been purchased.   

Following these standard requirements not only ensure a good reputation, but also make sure a loyal and ever expanding customer base for the company. Considering the relative expenses of making legal claims, many consumers used to refrain from enforcing their consumer rights against the suppliers, but there are trade associations and government bodies nowadays that help in the development and enforcement of regulations related to consumers.

Public Liability
Pedestrian Fall from Bicycle
Miss H was knocked off her bicycle when her front tyre struck a loose paving stone jutting into the road. She sustained a head injury causing severe short term memory loss and mood swings. After 2 years her original Solicitors withdrew from the case as they believed her claim had less than a 50% chance of succeeding. Miss H contacted Cooks who agreed to represent her on a No win No fee basis.

Within 18 months the matter was resolved and Miss H received a settlement cheque of £300,000.00. She told us
"Thank you Cooks for believing in me and my claim. My Solicitor was always available to me and happy to explain each step of the process. The only surprise was how much you managed to obtain for me without the need to go to trial. I will tell all my friends about your great service."
Miss H from London