Product liability

[GregC]

If I use a product and it breaks and causes injury to someone or causes loss of earnings, can I take action against the retailer of the product?

A refund/replacement has been offered by retailer.

It would have been the first time the product was used and it was brand new.

Any advice appreciated.

[fisicx]

Was it the retailer's fault that the product failed? I would suggest not as your claim is against the manufacturer not the retailer.

Did you read the instructions for use and were you using the product in accordance with those instructions. Was the person injured as direct result of the product failure? Do you have documentary evidence showing that they were unable to work because of the injury? These are the sorts of question you need to be able to answer.

Not saying you won't be able to claim but you need to prove that the manufacture was to blame for the sustained injury.

(I've investigated a number of workshop injury claims and in most cases the equipment was not being used correctly)

[GregC]

Thanks for the reply.

I am the retailer of the product and I was angling it above from the customers point of view.

I was wondering if I can be sued because of a faulty product because i came across this

http://www.fentons.co.uk/page_defect...FQyR1QodvWdaWg

It says they can sue the retailer?

[Ian J]

I would agree that action could be taken against the retailer who would (I assume) try and take similar action against his supplier.

Product liability insurance is available to cover this sort of eventuality

This page will be of interest to you

[fisicx]

It actually says:

Fentons successfully sues retailers and manufacturers on behalf of consumers

The retailer bit connects with this:

Cases involving injuries to the hair and scalp suffered in hairdressing salons

And even this is only possible if the equipment used by the salon is used correctly but is defective.

In other words you are only liable for those things you can control.

[GregC]

thanks to both of you for the input.