Defective Product Injury Compensation Claims

If your life, or the life of a loved one, has been affected by a defective product injury we can help.

The purpose of this guide is to help anyone who has suffered a defective product injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming defective product injury compensation:

Gardener with hedge trimmer


Despite legislation to protect consumers against dangerous goods, accidents resulting from defective products are all too common.

The law dictates that all goods sold in the UK must be fit for purpose and safe to use. In addition, the law states that:

  • consumers must be warned about potential risks
  • information must be provided to help consumers understand the risks
  • the safety of products must be monitored
  • action must be taken if a safety problem is found

Goods may be faulty due to a design or manufacturing issue or because they have been damaged in transit or in a retail outlet. In theory, a claim could be brought against a manufacturer or a retailer.

If you have purchased faulty goods that have caused you an injury, you may be entitled to claim compensation.

Must I have purchased the goods to make a claim?

In some circumstances, you do not have to have purchased the goods to make a claim, e.g. when a medical implant provided for you by the NHS fails to work properly.

The Association of British Insurers advises businesses on whether they need product liability insurance, stating "You should consider product liability insurance if your business designs, manufactures or supplies a physical product that is sold or given away for free." (source:

Even if you did not buy the defective product that injures you, the company supplying it to may still be liable to pay your compensation.

Do I have a defective product injury claim?

As a basic rule, you will be eligible to make a defective product injury claim if your injury happened:

  • in the last three years, and;
  • someone else was at fault, and;
  • that person owed you a duty of care.
Check my claim

Injury claim eligibility - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a defective product injury claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

How can compensation help me?

Injuries resulting from defective products can range from small cuts, bruises and burns to serious, even life-threatening injuries.

Your solicitor will help you to claim compensation for all the losses and expenses you have suffered, including:

  • pain, suffering and loss of amenity
  • medical and any other treatment required to aid recovery
  • expenses you have incurred, e.g. travel expenses
  • loss of earnings

Common categories of product liability claims

Medical devices and implants

You may be able to claim for defective medical devices and implants used during treatment or operation - even if you haven't technically purchased the defective item.

Examples include defective sodium valproate prescribed during pregnancy, human growth hormone complications, breast implants, hip replacements, knee and elbow joints, pacemakers, and orthopaedic devices.


Claims for faulty dental products including tooth veneers, bridge, crowns and implants.

Pharmaceutical and drugs

You may be able to claim compensation for injuries or illness caused defectively-produced medication or medical items, such as Imuran, Myodil, Vioxxfaulty aspirin and paracetamol, faulty defibrillators, Dakon Shield, preparations and general medical items such as syringes.

Pushchairs, prams and child safety equipment

Notably, Maclaren were recently involved in a major product recall and compensation was paid to children injured as a result.

There are numerous other manufacturers of buggies and pushchairs including Abyjogger, Babystyle, Bebe Confort, Bebecar, Britax, Bugaboo, Chicco, Cosatto, Graco, Hauck, iCandy, Jané, Joie, Mamas and Papas, Maxi Cosi, Mountain Buggy, Nuna, Phil & Teds, Quinny, Safety 1st, Silvercross and Stokke.

Vehicles such as cars, motorbikes, bicycles, vans.

Claims within this category usually relate to a specific component used in the manufacture of the vehicle, such as a defective airbag.

Cosmetic and beauty treatments

These can include hair dye, electrolysis, CO2 and Dot laser machines or treatment creams.

Children's toys and games

Typically these are toys that were in some way dangerous or harmful, or which fell apart becoming dangerous, causing injury as a result.

If a dangerous toy is unlawfully imported into and sold in the UK, you can usually claim compensation from the importer or retailer (rather than the foreign manufacturer).

Tools and gardening equipment

Lawnmowers, hedge trimmers, strimmers ladders and stepladders, electric drills, jigsaws, planers, routers are a few examples of the sort of products that can malfunction and cause injury.

Some of these items are inherently dangerous, but if you can prove that your injury was caused a defect rather than incorrect usage, you should be able to claim.

If you plan to make a claim, you should keep the broken equipment if you can, or take many photos and video of the defects if not.

Electrical equipment

Lithium batteries, switchgear and faulty wiring.

Kitchen equipment and white goods

Household items such as faulty domestic appliances, cookers and hobs, coffee machines, hot water bottles, fridges, washing machines and other white goods.

Leisure, camping, sports and exercise equipment

Gym equipment such as running, rowing and weight training machines are often involved in causing injury. Faulty safety helmets and other protective gear, harnesses and rock climbing equipment and diving equipment.

Recreational vehicles

Boats and windsurfers, bicycles, trials and motocross motorbikes, tricycle and quad bikes, scooters, skateboards and roller skates.

If you are injured by a defective vehicle you have rented, your solicitor will likely make a claim against the rental company or venue where you rented the vehicle, rather than the manufacturer or retailer.

How much compensation can I claim for a defective product injury?

The amount of money you could claim for your defective product injury will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your defective product injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a defective product injury? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

What is the average injury compensation for a defective product injury claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a defective product injury will depend entirely on your specific circumstances.

Your defective product injury compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.

What if I am not yet sure of the extent of my injury?

If you have not yet sought medical attention, your solicitor will arrange a medical assessment for you ASAP. If you are awaiting test results, a claim can still be started. Once the extent of the injuries are known, the settlement can be calculated.

Calculate my defective product injury compensation

Calculating how much compensation you can claim for a defective product injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your defective product injury claim could be worth now:

Calculate compensation

How long does a defective product liability claim take?

How long it can take to process a defective product liability claim can vary considerably.

For example, a straightforward liability accepted product claim can settle in a few weeks. If the defendant denies liability, a compensation claim can take significantly longer. Usually, a product liability claim will take 6 to 9 months. For more information, see: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your defective product injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

No win, no fee, no risk

No win, no fee means that your solicitor will not charge you any fees if your defective product injury claim is unsuccessful. 'No win, no fee' is also referred to as a 'Conditional Fee Agreement' or 'CFA'.

No win, no fee promise

Our no win, no fee guarantee means there is no financial risk in making a defective product injury claim - even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my defective product injury claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my defective product injury claim?

If your defective product injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, and the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 376 1001 or arrange a callback:

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Defective product injury FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a defective product injury claim?

In general, you have a time limit of up to 3 years from the date of the defective product injury to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your defective product injury claim becomes 'statute barred'.

Can I claim for a defective product injury after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 376 1001 to find out if you are still able to claim defective product injury compensation.

In reality, there are a number of factors that can affect whether a defective product injury claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Gaynor Haliday, Legal researcher

Gaynor Haliday, Legal researcher