Applying the Goods and Services Act to personal injury claims

The Sale and Supply of Goods and Services Act 1982 is usually associated with getting cowboy builders to finish a job. However, the Act can also support a personal injury claim where substandard products or services cause physical injury.

Any trade person or professional supplying work, services or products for money must comply with the Sale and Supply of Goods and Services Act 1982. The Act recently hit the headlines in the context of low quality breast implants, but it applies equally to builders, dentists, car mechanics, beauty therapists - anyone who supplies services you pay for. The Act is designed to give consumers protection from faulty goods and services that may cause personal injury.

What does the Act say?

The Act states that the goods and services you buy should be of a satisfactory quality and fit for purpose. Additionally, the person performing the work must do so with reasonable care and skill.

If the person providing the product or service falls short of these standards, you may be able to make a personal injury claim for the injuries you suffer as a result.

Consumer protection hits the headlines

The recent Poly Implant Prothese (PIP) breast implant health scare shows how the Sale and Supply of Goods and Services Act can help people recover compensation for the considerable distress, worry and pain that faulty products can cause.

PIP breast implants came to the public's attention when they were shown to have an unusually high rupture rate compared to other implants. Upon rupture, silicon would leak into the bloodstream causing personal injury.

An official report decided that the implants were made from substandard silicone filler and thus were not fit for purpose under the Sale and Supply of Goods and Services Act 1982. Many women who suffered personal injury as a result of the implants were able to pursue a claim for compensation using the Act.

The Act is not limited to medical claims. It can be used to support a wide range of claims in all sorts of situations, from shoddy electrical work that causes electric shocks to allergy-inducing beauty treatments.

Lack of knowledge is not a defence

The Act imposes strict liability on the person who supplies the substandard product. This means that the supplier is automatically responsible for your injuries even if they did not know that the goods were faulty. If a heating engineer puts in a faulty boiler, it is irrelevant whether he or she knew the boiler was not right.

See also:

Substandard product claims

Work accidents Road accidents Public places Medical negligence Other accidents

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.