Defective Product Claims UK: Compensation Guide 2025

Overview

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 the Consumer Protection Act 1987, which implemented the EU Product Liability Directive into domestic law.

Separately, the Consumer Rights Act 2015 governs the contractual relationship between a buyer and the retailer, covering rights to repair, replacement or refund when goods are faulty or not fit for purpose. The two regimes sit side by side and can sometimes be used together.

What makes product liability distinctive is that a claimant does not usually need to prove negligence. It is enough to show the product was defective, that harm resulted, and that the defect caused the harm. Claims can be brought against producers, own-branders, importers into the UK, and in some situations suppliers who cannot identify who supplied them.

Key steps

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 manufacturer is usually the main target, but if they are based outside the UK, the importer may be the appropriate defendant. Retailers can also be liable in some situations, particularly 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 through Citizens Advice. 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.