Defective Product Injury Claims

When a product fails and causes injury, UK law allows the injured person to claim compensation against the manufacturer — without having to prove fault in the traditional sense. The Consumer Protection Act 1987 introduced “strict liability” for defective products, meaning the manufacturer is liable for damage caused by a defective product even if they were not careless. This is a powerful regime for consumers, and it covers everything from kitchen appliances and electronics to vehicles, baby products, and medical devices.

In this guide

• What Is a Defective Product Claim?
• Common Defective Product Injuries
• What Makes a Product “Defective” Under UK Law?
• Who Can You Claim Against?
• What Compensation Could You Receive?
• The Manufacturer’s Defences
• Time Limits for Defective Product Claims
• Evidence That Strengthens a Defective Product Claim
• No Win No Fee Defective Product Claims
• Common Questions About Defective Product Claims
• Related Guides
• Our Partner's Fees Explained
• Check If You Could Claim Compensation For Your Injury

This guide explains who can claim, what counts as “defective”, how strict liability works in practice, and how to start a claim on a no win no fee basis.

This hub explains the main routes to compensation for accidents at home, points you to specific guides for each scenario, and explains how to start a claim on a no win no fee basis.

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What Is a Defective Product Claim?

A defective product claim is brought under one of two parallel legal routes:

1. The Consumer Protection Act 1987 (strict liability) — the manufacturer is liable for harm caused by a defective product, irrespective of fault, provided the product was defective when supplied and the damage flowed from the defect
2. Common law negligence — the manufacturer is liable for failing to take reasonable care to design, manufacture, or warn about the product. This route requires proof of carelessness

Many product injury claims are brought under both routes simultaneously. Strict liability is usually easier to prove; negligence allows recovery in some scenarios that fall outside the strict liability regime (for example, products supplied before 1988, or pure economic loss).

Common Defective Product Injuries

The most common UK defective product claims involve:

• Household appliances — washing machines, tumble dryers, dishwashers, kettles, irons, and microwaves that catch fire, explode, or cause burns or electric shock
• Power tools and DIY equipment — angle grinders, lawnmowers, chainsaws, and ladders with manufacturing defects
• Electrical products — phone chargers, e-cigarette batteries, and lithium-ion battery products that overheat or catch fire
• Children’s products — cots, prams, car seats, high chairs, and toys with choking, strangling, or trapping hazards
• Vehicles and vehicle parts — defective brakes, airbags, tyres, and steering systems
• Medical devices — defective implants including hip and knee replacements, surgical mesh (see our surgical mesh compensation claims guide), pacemakers, and breast implants
• Medications — drugs that cause harm beyond their known side-effect profile
• Cosmetics and personal care products — including hair dyes, eyelash extension products, and skincare causing severe reactions
• Food products — foreign objects, undeclared allergens, and contaminated food (see our food poisoning compensation claims guide)
• Gas appliances — particularly defective boilers and heaters causing carbon monoxide exposure (see our carbon monoxide poisoning claims guide)

What Makes a Product “Defective” Under UK Law?

The Consumer Protection Act 1987 defines a product as defective when “the safety of the product is not such as persons generally are entitled to expect”. The court considers all the circumstances, including:

• The way the product was marketed and any instructions or warnings supplied with it
• What might reasonably be expected to be done with the product
• The time at which the product was supplied
• The level of safety that would generally be expected of a product of that kind

There are three broad categories of defect:

Manufacturing Defects

A product fails to conform to its intended design — for example, a single batch of car brakes is improperly assembled, or a particular kettle has a faulty heating element. The product as designed is safe, but the specific item that caused the injury is not. These cases often succeed because the comparison to other items of the same product shows the difference.

Design Defects

The product is unsafe by design — every example of the product is potentially dangerous. Examples include cot designs that allow infant strangulation, household appliances with insufficient electrical insulation, or vehicle designs prone to roof crush in low-speed rollovers. Design defect claims are harder to prove but often involve very large numbers of affected consumers and can lead to product recalls.

Warning Defects (Failure to Warn)

The product is safe if used as intended but the manufacturer has failed to warn of foreseeable misuse risks or significant known hazards. Examples include power tools without clear safety warnings, medications with inadequate side-effect information, or household chemicals without proper handling instructions.

Who Can You Claim Against?

The Consumer Protection Act 1987 allows the claim against any of the following:

• The producer (manufacturer) — usually the primary defendant
• A person putting their own name or trademark on the product — for example, a supermarket selling an own-brand product manufactured by someone else
• The importer into the EU/UK — particularly relevant for products manufactured outside the UK
• The supplier — if they cannot identify the manufacturer or importer when asked within a reasonable time

In practice, most claims are brought against the manufacturer and their insurer. Where the original manufacturer cannot be identified or no longer exists, the case is brought against the supplier or importer. For Chinese and other overseas-manufactured products, the UK importer is often the appropriate defendant.

What Compensation Could You Receive?

Defective product compensation depends entirely on the injury. Typical scenarios:

• Burns from an exploding kettle or faulty kitchen appliance — typically £3,000 to £40,000+ depending on severity and scarring
• Electric shock from a faulty appliance with mild lasting symptoms — typically £3,000 to £15,000
• Severe injury from a vehicle defect — depending on injury, often £20,000 to £500,000+
• Injury to a child from a faulty product — depending on age and severity, often £5,000 to £100,000+
• Severe complications from a medical device (including mesh, faulty implants) — typically £30,000 to £500,000+
• Fatal product failure — bereavement award plus loss of dependency under the Fatal Accidents Act 1976

The Consumer Protection Act 1987 also allows recovery for damage to property over £275 caused by the defective product — but not for damage to the product itself, which is recoverable under contract law against the seller.

The Manufacturer’s Defences

A manufacturer can escape strict liability if they prove one of these specific defences (the burden of proof is on the manufacturer, not the claimant):

• The defect did not exist in the product when it was supplied
• The defect arose because the product complied with mandatory legal requirements
• The product was not supplied in the course of business
• The defect could not be discovered with the scientific and technical knowledge available at the time (the “development risks” defence — controversial and rarely successful)
• The defective part was a component supplied as part of a wider product, and the defect was attributable to the design of the wider product

In practice, the most commonly raised defence is that the defect did not exist when the product was supplied — usually arguing that the product was modified, misused, or damaged after sale. Strong claims rebut this with evidence of how the product was used, expert engineering analysis, and product test reports.

Time Limits for Defective Product Claims

Defective product claims have two parallel time limits:

1. A standard three-year limitation from the date of injury (or your date of knowledge that the injury was linked to the product)
2. A ten-year long-stop from the date the product was first supplied by the manufacturer — after which no Consumer Protection Act 1987 claim can be brought, regardless of when the injury occurred

The ten-year long-stop is unusual in UK personal injury law and is particularly relevant for medical device claims (where harm may emerge many years after implantation) and durable goods. For products supplied more than ten years ago, the negligence route (which does not have the same long-stop) may still be available. For children, the three-year clock does not start until their 18th birthday. See our time limits guide for the rules in full.

Evidence That Strengthens a Defective Product Claim

A solicitor will obtain the evidence for you, but the strongest claims include:

• The product itself — keep the defective product, even if damaged. It is the single most important piece of evidence. Do not return it to the manufacturer or the seller
• Any packaging, instructions, and warning labels supplied with the product
• Proof of purchase (receipt, bank statement, online order confirmation)
• Photographs of the product, the defect, and the scene of the incident
• Photographs of any visible injuries
• Names of witnesses to the incident
• Your medical records, scans, and specialist reports
• Any reports from a Trading Standards complaint or product safety report
• Records of any product recall affecting this product or batch
• Records of similar incidents (often available through the OPSS Product Safety Database or other public records)

For technical cases the solicitor will instruct a forensic engineer to examine the product and identify the defect. This is the single most important step in most product liability cases. Our evidence guide explains the wider picture.

No Win No Fee Defective Product Claims

Defective product claims run on a no win no fee Conditional Fee Agreement. You pay nothing upfront, nothing during the case, and nothing if the claim fails, provided you keep to the terms of your agreement. If the claim succeeds, the success fee — capped by LASPO 2012 at 25 per cent of general damages and past losses (future losses excluded) — is deducted from your compensation. After-the-Event insurance protects you from the other side’s costs if the case is lost. The ATE premium is normally payable only if you win, deducted from your compensation — it is no longer recoverable from the defendant — and your solicitor must explain how the premium and disbursements are treated before you sign (see how ATE insurance works). See our how no win no fee works guide.

Common Questions About Defective Product Claims

My tumble dryer caught fire and damaged my house. Can I claim?

Yes, almost certainly. Tumble dryer fires have been one of the most common product liability claims in the UK in recent years. The case is brought against the manufacturer for both personal injury and property damage exceeding £275. Several major manufacturers have run product recalls and large claim portfolios for tumble dryer issues. A solicitor will identify the right defendant and confirm whether your specific model is covered.

I bought the product on Amazon from an overseas seller. Can I still claim?

Possibly. UK law applies where the product was supplied into the UK. Amazon itself may be liable as a “supplier” if it cannot identify the manufacturer or importer when asked. Following the case law on online marketplaces, this is an evolving area. For products sold by overseas sellers the practical difficulty is enforcement against a defendant outside the UK, although Amazon’s position as the platform can sometimes be used.

I was burned by an e-cigarette battery that exploded. Is that a product claim?

Yes. Lithium-ion battery failures in e-cigarettes, phones, and other devices are well-recognised defective product cases. The claim is usually brought against the manufacturer of the battery or the device. Strong claims involve preserving the device (or what remains of it), proof of purchase, and a forensic engineering report on the cause of the failure.

My child was injured by a defective toy. What special considerations apply?

Children’s product claims attract higher safety standards because the foreseeable use includes mouthing, dropping, and handling by people without adult judgment. The legal time limit does not run until the child’s 18th birthday. Particularly for toy hazards involving choking, strangulation, magnets, or button batteries, the claim is often strong because the safety standards are very specific.

I think there has been a recall for the product that injured me. Does that help?

Yes, substantially. A product recall is strong evidence of a defect. The product safety database (operated by the OPSS — Office for Product Safety and Standards) and EU/UK alert systems record recalls publicly. A solicitor will check whether your product is covered by a recall and will use that as part of the claim.

How long does a defective product claim take?

Straightforward cases — particularly those involving a recalled product or admitted defect — can settle within 9 to 18 months. More complex cases requiring forensic engineering and contested defences can take 18 months to 3 years. Group litigation for widely-affected products can take longer. See our how long does a claim take guide.

Related Guides

Accidents at Home — UK Compensation Guide

Carbon Monoxide Poisoning Claims

Surgical Mesh Implant Compensation Claims

Food Poisoning Compensation Claims

Electrical Injury Claims

How No Win No Fee Works

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