Defective Product Claims UK: Compensation Guide 2026

At a glance

• Governing law: Consumer Protection Act 1987, Part I — a strict-liability regime; you do not need to prove negligence.
• The defect test: under s.3, a product is defective if its safety is not what people are generally entitled to expect, judged at the time it was supplied.
• Who you can sue: the producer, an "own-brander" who held itself out as the producer, or the importer into the UK (s.2(2)) — with a supplier fallback under s.2(3) if they cannot name their own supplier when asked.
• Defences available to the producer: s.4, including compliance with a legal requirement, that the defect did not exist when supplied, and the narrow "development risks" defence at s.4(1)(e).
• Property damage threshold: claims for damage to private property must exceed £275 (s.5(4)); damage to the defective product itself is excluded.
• Time limits: 3 years from injury/knowledge for personal injury claims, and an absolute 10-year longstop from the date of supply (Limitation Act 1980, s.11A) that extinguishes the claim regardless of when you found out.
• Contract route: a parallel claim against the retailer under the Consumer Rights Act 2015 can get you a repair, replacement, price reduction or refund for the product itself.

What is a defective product claim?

A defective product injury claim is a civil claim brought by someone who has suffered personal injury, or damage to their private property, because a product was not as safe as people are generally entitled to expect. In England and Wales, the main framework is Part I of the Consumer Protection Act 1987, which implemented the EU Product Liability Directive into domestic law and remains in force after Brexit.

Separately, the Consumer Rights Act 2015 governs the contractual relationship between a buyer and the retailer, covering rights to repair, replacement, price reduction or refund when goods are faulty or not as described. The two regimes sit side by side and can sometimes be used together: the Consumer Protection Act deals with the harm the defect caused, while the Consumer Rights Act deals with the faulty item itself.

What makes product liability distinctive is that a claimant does not usually need to prove negligence. Under section 2 of the Act, it is enough to show the product was defective, that harm resulted, and that the defect caused the harm. This is why the regime is often described as "strict liability" — fault on the producer's part is not an element of the claim.

Who is liable: producers, own-branders, importers and suppliers

Section 2(2) of the Consumer Protection Act 1987 sets out who can be pursued directly:

1. The producer — normally the manufacturer of the finished product, or of a raw material or component if the defect originated there.
2. The "own-brander" — anyone who has held themselves out as the producer by putting their name, trade mark or other distinguishing mark on the product. This catches supermarkets and retailers selling under their own label, even where a different company actually manufactured the item.
3. The importer into the UK — anyone who imported the product into the UK in the course of a business, in order to supply it to someone else. This matters where the actual manufacturer is based overseas and difficult to pursue directly.

Where none of these can be identified or reached, section 2(3) provides a fallback against any supplier — including an ordinary retailer — if the person injured asks the supplier to identify the producer, own-brander or importer, and the supplier fails to do so within a reasonable time. This is a practical route where you bought an item from a shop or online marketplace and have no other way of identifying who actually made it.

Where two or more people are liable for the same damage, section 2(5) makes their liability joint and several — you do not have to work out in advance which of several possible defendants is "most" responsible.

The defect test under section 3

Section 3 of the Act defines a defect by reference to safety expectations, not by reference to whether the product was faulty in a general sense. A product is defective if its safety "is not such as persons generally are entitled to expect." In deciding what people are generally entitled to expect, the court takes into account all the circumstances, including:

• how the product was marketed, its packaging, and any instructions or warnings given with it;
• what might reasonably be expected to be done with the product (including foreseeable misuse); and
• the time when the product was supplied by its producer to another person.

Crucially, the Act makes clear that a product is not defective simply because a safer version was developed later. The assessment is made against the safety standards and expectations that applied at the time of supply — not with the benefit of hindsight from a later, improved design.

Defences the producer can raise

Section 4 of the Consumer Protection Act 1987 gives a producer (or other defendant) several possible defences. The main ones are:

• Compliance with a legal requirement — the defect resulted from complying with a legal obligation imposed on the producer.
• No supply to another — the defendant never actually supplied the product to anyone (for example, if it was stolen before sale).
• Non-business supply — the only supply was outside the course of a business and section 2(2) does not otherwise apply.
• Defect did not exist at the relevant time — the product was not defective when it left the defendant's control; the defect arose later, for example through mishandling, alteration, or wear after sale.
• The development risks defence (s.4(1)(e)) — the state of scientific and technical knowledge at the relevant time was not such that a producer of similar products could have been expected to discover the defect. This is the most heavily litigated defence and is interpreted narrowly by the courts: it is not enough that this particular producer didn't know about the risk — the test is whether the risk was discoverable at all, given the state of knowledge across the relevant field at that time.
• Component defect caused by the finished product's design — where a component was not itself defective but was made to fit a design set by whoever built the finished product around it.

What counts as recoverable "damage"

Section 5 defines "damage" for these purposes as death, personal injury, or loss of or damage to property. Three important limits apply:

• The product itself is excluded. You cannot recover the cost of the defective product itself, or of anything it was supplied comprised within, under the Consumer Protection Act (s.5(2)) — that is a matter for the Consumer Rights Act 2015 claim against the retailer instead.
• Only private property counts. The property must be of a kind ordinarily intended for private use, occupation or consumption, and must have been intended by you mainly for your own private use (s.5(3)). Business equipment generally falls outside this.
• The £275 threshold. No damages are awarded for property loss or damage under Part I of the Act if the amount that would otherwise be awarded does not exceed £275 (s.5(4)). This threshold applies only to property claims — there is no equivalent minimum for personal injury.

How long you have to claim: 3 years and the 10-year longstop

Product liability claims under the Consumer Protection Act 1987 are governed by section 11A of the Limitation Act 1980, which sets out two separate and independent time limits:

• The 3-year limitation period. A claim for personal injury or property damage must normally be brought within three years of the later of: the date the cause of action accrued (broadly, when the damage occurred), or the date of knowledge that the injury or damage was linked to the defect.
• The 10-year longstop. No claim under the Act can be brought more than ten years from the "relevant time" — broadly, the date the product was supplied by the producer. Section 11A(3) is explicit that this longstop extinguishes the right of action entirely, whether or not that right had already accrued or the 3-year clock had started running. Unlike the 3-year period, the ten-year longstop cannot be extended for lack of knowledge.

In practice this means that if you are injured by a product more than ten years after it was first supplied, your claim under the Consumer Protection Act 1987 is very likely time-barred, however recently you discovered the harm. A separate negligence claim (below) is not subject to this ten-year longstop, though it carries its own three-year personal injury limitation period and the burden of proving fault.

The negligence alternative

Where a Consumer Protection Act claim is unavailable — for example, because the ten-year longstop has expired, or because the defendant does not fall within section 2 — a claim in the tort of negligence may still be possible. Negligence requires you to prove three things: that the manufacturer or other defendant owed you a duty of care, that they breached that duty by falling below the standard of a reasonably careful producer, and that the breach caused your injury.

Negligence claims are generally harder to prove than a Consumer Protection Act claim because fault must be established, but they remain relevant where the strict-liability route is blocked, or as an alternative claim pleaded alongside the statutory one.

The contract route: Consumer Rights Act 2015

Separately from any injury claim, if you bought the product yourself, you have contractual rights against the retailer under the Consumer Rights Act 2015. Goods must be of satisfactory quality, fit for purpose, and as described. Where they are not, the Act gives a short-term right to reject within 30 days, followed by a right to repair or replacement, and ultimately a right to a price reduction or a final right to reject.

This route is enforced against the retailer you bought from, not the manufacturer, and it belongs only to the buyer — unlike a Consumer Protection Act claim, which can be brought by anyone injured by the product, including a gift recipient or bystander. The two claims are not mutually exclusive: you might pursue the retailer under the Consumer Rights Act for the cost of the faulty item itself, while pursuing the producer or importer under the Consumer Protection Act for the injury it caused.

Key steps if you've been injured by a defective product

1. Preserve the product and the evidence. Keep the item itself, any packaging, instructions, receipts and serial numbers. Take clear photographs of the product, the defect, and any injuries or property damage. Do not dispose of the product or send it back to the seller for inspection until you have recorded everything, as the item is often the most important piece of evidence in your case.
2. Get medical attention and document injuries. See a GP, visit A&E, or attend a minor injuries unit as soon as possible. Medical records create a contemporaneous link between the product and your injury, which is often the single most persuasive piece of evidence. Keep copies of prescriptions, referrals, and any notes about time off work, mobility aids, or ongoing symptoms you experience.
3. Identify who to claim against. Work out who produced the item, who imported it into the UK, and who sold it to you. The producer is usually the main target, but if they are based outside the UK, the importer may be the appropriate defendant under section 2(2)(c). Retailers can also become liable under section 2(3) where they cannot identify their own supplier when asked.
4. Report the incident and check for recalls. Tell the retailer in writing, and consider reporting the problem to Trading Standards. Check the Office for Product Safety and Standards recall notices to see whether the item is already known to be dangerous. A published recall can strengthen your case significantly and may also protect others who own the same product.
5. Send a letter of claim and consider proceedings. A formal letter to the producer or importer setting out what happened, the injuries suffered, and the compensation sought is the usual next step. The Pre-Action Protocol for Personal Injury Claims applies to most product liability cases and sets out expected timescales for responses. If liability is denied, court proceedings in the County Court or High Court may follow — mindful always of the 3-year and 10-year deadlines above.

This guide provides general information about defective product injury claims in England and Wales. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at July 2026 and is subject to change — always check GOV.UK and legislation.gov.uk for the most current position.

Last reviewed: July 2026 by a non-practising solicitor · Next review due: July 2027 or on legislative change.