DEFECTIVE PRODUCT COMPENSATION

The purpose of defective product compensation in a legal action for a damages for personal injury caused by another person is to put the injured party back in the same position that they would have been had the injury not occurred. Any payment of damages must be proportional to the extent of the injury, the pain and suffering caused by the injury and the overall recovery period. The payment of money for a personal injury can never properly compensate the wronged party and placing a value on a personal injury becomes a very difficult proposition which has taxed judges and lawyers for centuries.

In order to assess the proper value of damages in a personal injury case the UK system relies on precedents. UK courts keep records of all higher court cases which can be consulted by solicitors and barristers to help determine defective product compensation payments. A favourite reference among law practitioners is the multi-volume publication called “Kemp and Kemp” which contains an exhaustive list of closed cases regarding personal injury claims with injuries ranging from trivial to extremely grave. Kemp and Kemp not only lists the cases but analyses them and contains numerous footnotes which are very useful to those evaluating damages. It makes life a lot easier for solicitors, barristers and other law practitioners and is widely available for public consultation in public libraries throughout UK.

A judge decides on the final amount of defective product compensation to be awarded to the claimant after consideration of numerous factors including the extent of the actual physical injury and the collateral damage sustained because of the injury which includes the pain and suffering and mental anguish caused by the injury, the degree of any resultant disability and the economic and financial damage caused to the injured person both in the past and in the future including the long term. Aside from these factors a judge’s decision is also influenced by precedents including previously decided cases and appeals made in the past regarding the amount to be awarded together with his personal biases resulting from his own experiences. His judgements should however always be in accordance with the ‘government guidelines’ detailed in an ‘independent’ publication called “'The Judicial Studies Board Guidelines for the Assessment of General Damages in Personal Injury Cases”. The publication spells out a tariff system for awards of damages but is only intended as a rough and ready guide since a lot of cases that involve multiple injuries are unique. Such difficult cases call to the forefront a judge’s ability to assess situations to make sound and just decisions relating to the award of compensation for personal injury.

To succeed in product liability claims it is no longer necessary to prove that there was negligence. The law also now allows anyone injured by a defective product to make a claim whether or not the faulty goods were sold directly to them. If you are a victim of defective consumer products you can make a claim for damages. If you would like advice on a claim for personal injury caused by a defective product just complete and send the contact form or use the helpline and a solicitor will give free advice without any further obligation.