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smaller claims, consumer injuries and alternatives to court

by admin last modified 28-08-2006 12:18
Page 6 of 7.

Injury from faulty products or services

If a product (for example, a car or a power tool) was unsafe and injured you, you’re protected by the Consumer Protection Act 1987. The same law also covers you if you were made ill by contaminated food bought in a shop.

You do not have to prove that the company that made the product was negligent.

But you have to prove in court that:

  • the product was ‘defective’ (less safe than you are reasonably entitled to expect); and
  • it caused your injury because of this.
phone free! Injurywatch's QuickClaim system is perfect for smaller claims. Call 0800 066 99 07 and get our personal injury team working for you straight away. The call is free, the advice is free and nothing will ever be deducted from your compensation.

You may need an expert witness to help you show the court that the product was less safe than you could reasonably expect.

You could also take action if you are injured by a service provider (for example, a hairdresser).

For a small injury,where you are not claiming a large amount of compensation, you could use the small claims procedure in court. This does not cost very much, and you can present your own case without using a solicitor. But the most you can claim for a personal injury using this procedure is £1,000. You should also keep any evidence (such as the product you think caused the injury).

For more about this, see the Defective Products section

 

Alternative Dispute Resolution

Alternative dispute resolution or ‘ADR’ is the term used to describe a number of different ways of sorting out complaints and legal problems without going to court.

Few options are available for personal injury cases and none of them are a substitute for getting legal advice.

Increasingly Courts encourage people claiming compensation and their lawyers to negotiate a settlement before starting court proceedings which are seen as a last resort.

For a summary of the ADR methods available in personal injury claims please see http://www.adrnow.org.uk/go/

injurywatch.co.uk are able to provide guidance on whether a case is suitable for Alternative Dispute Resolution and is able to supply the mediators to assist. Contact the legal support team for more assistance.

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The consumer enjoys protection against unsafe products but you may need to prove that the product was less safe than you could reasonably expect

Injurywatch home page

Contents:

1. Personal injury basics
2. Damages
3. Routes to compensation
4. Funding your case
5. Settling your claim
6. Resolving minor cases
7. Compensation for criminal injuries

 

How injuries occur:

Accidents at work
Clinical injury (medical and dental)
Criminal injury
Defective products
Holiday injuries and injuries abroad
Industrial disease
Military injury
Public transport injuries
Road traffic accidents
Injuries in school
Injuries in the street
Sports injury

 

Types of injury:

head injuries
repetitive strain injury
spinal injury
whiplash

 

additional information:

Discuss your claim on our bulletin boards!

Claimable expenses
Compensation tables
Welfare benefits and government assistance

 

Page 6 of 7.

by admin last modified 28-08-2006 12:18
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