Faulty Products

What is a faulty product?

The law surrounding faulty goods states a product must be as described, fit for purpose, and of acceptable quality under the Consumer Rights Act 2015:

• As described: The product must match the original description, which includes any samples or models shown to you.
• Fit for purpose: The product should be fit for the purpose it was bought.
• Satisfactory quality: Products should be in full working order – not damaged or faulty when you purchase them. However, this depends on the type of goods, such as second-hand products are not expected to be the same standard as new products.

Therefore, a product is faulty if it does not meet the legitimate expectations of the person who bought it. Any warnings or instructions which accompanied the product and how the product was marketed are also factors taken into consideration

What are the Manufacturer’s responsibilities?

When you buy a product, your contract is with the Seller, not the Manufacturer. Therefore, the Retailer is responsible for rectifying any fault under the Consumer Rights Act 2015.

If the Product bought included a warranty directly from the Manufacturer, subject to the terms of the Warranty, you might be entitled to expect the Manufacturer to remedy the fault.

The Consumer Protection Act 1987 states that a ‘producer’ of a product (that could be a manufacturer or supplier) has a responsibility to ensure their product is safe. If a product causes damage to property, personal injury or death, then legal action can be brought against them, resulting in substantial fines and even imprisonment.

What are your consumer rights when a faulty product has not caused an injury?

If a product you purchased is faulty but has not caused direct injury or harm, you have rights under the Consumer Rights Act 2015.

The Act entitles you to reject the product and receive a full refund within 30 days of purchase. The 30-day rule does not apply to digital content, but you can ask for a repair, replacement or reduction in price.

After 30 days of purchase, your rights are as follows:

Buying by mail order, phone or online

When you buy a product you have not seen in person, you are protected by both the Consumer Rights Act 2015 and Consumer Contracts Regulations.

You have the right to cancel your order and receive a full refund, including delivery costs, within 14 days of receiving the product. You then have another 14 days in which to send the product back.

When should you seek legal advice?

If a business does not replace, refund or repair a faulty item in accordance with the law, your next step is to seek legal advice. Our claims specialists can advise you on how to resolve the issue quickly and effectively.

Where a defective product has caused personal injury or death, you can sue the Manufacturer or supplier of the product for damages. You can also seek damages if a defective item has caused damage to your property or land, amounting to £275 or more (such as a leaking washing machine).

How to claim compensation?

To claim compensation for injury or damage to property caused by a faulty product, the first step is to contact the retailer, manufacturer or supplier.

Gather as much information as you can. Take photographs of injuries or damage to property and keep all related receipts – medical treatment, travel expenses, builders’ costs etc. Keep all correspondence and make notes of conversations you have had with the retailer, manufacturer or supplier.

Compensation can include out-of-pocket expenses, loss of earnings, damage to personal property, medical treatment and rehabilitation, any specialist equipment you need and more, depending on the loss.

Contact our solicitors as soon as possible, and we will advise you on how to start your faulty product compensation claim.

Arrange your Free Initial Assessment

When you buy a product, you expect it to be of an acceptable standard and safe to use. If you have found this is not the case, our solicitors are here to advise you. We can help you make a complaint and claim compensation for faulty or defective products where appropriate.