Sometimes, however, purchases not only fail to do what they were intended for, but have an inherent fault that means that using them can cause damage to your property. For example, faulty appliances can cause leaks and flooding, defective electrical wiring can lead to fires, and counterfeit goods – because they lack the safety checks and certifications required for legitimate products – can cause fires, electrical shocks, or exposure to toxic substances.
‘Design or manufacturing flaws, substandard materials used in products and inadequate warnings on a product’s packaging or manual can all cause damage to property, such as personal belongings, buildings or land,’ explains Jonathan Lewis, Solicitor in the dispute resolution team with QualitySolicitors Parkinson Wright. ‘In this scenario, you will want to claim a refund for the faulty product and also compensation for the damage that the product has caused – and you should consult a specialist solicitor to advise you whether to make a claim under contract law or consumer protection law.’
Your rights under the Consumer Protection Act 1987
Under the Consumer Protection Act 1987, if a product is faulty and it causes damage to your property, you can take action against the manufacturer of the product, anyone who has put their name to it, or held themselves out to be its maker (e.g., by adding their brand), and anyone who has imported it. Claims can also be brought against the seller if they fail to reveal within a reasonable time the details of the manufacturer and distributor.
If two or more people are liable for the damage, the Act stipulates that their liability will be joint and several, meaning you can pursue any one or more of the liable parties for the full amount.
Liability is strict so there is no need to prove negligence, fault or the existence of a contract; it is sufficient to show that the product was defective and it caused the damage.
There is no cap on the amount of compensation that can be claimed for property damage caused by a defective product and the Consumer Protection Act forbids liability being excluded by any contract term, notice or other provision. Claims can be brought by anyone who has suffered damage wholly or partially from a fault in a product – including, for example, your dependants and relatives.
Your rights under contract law
You have the option of bringing a claim for breach of an express or implied term of a contract if a product is defective and caused property damage. Again, liability is strict so you do not have to prove negligence, your solicitor merely needs to help you show that a contract term was breached.
Your solicitor can claim for the property damage as well as for pure economic loss, such as loss of profits (for example, if you run a business from home). Only you as the purchaser can bring a contractual claim – anyone else who suffers loss as a result of a defective product cannot. In addition, unless you can establish a direct contractual link between you and the manufacturer, such as a guarantee, you cannot sue the maker of the product – only whoever you had a contract with (e.g., the seller).
Evidence required
To strengthen any claim for compensation for damage as a result of a faulty product, it will be necessary to produce evidence that the goods were defective. Such evidence could include:
- the product – to allow it to be examined and compared to design specifications or expected performance;
- packaging and instructions – to see if the product carried sufficient warnings and instructions about its assembly and intended use;
- receipts of your purchase – to establish where and when the product was bought;
- technical specifications – blueprints, manufacturing standards, etc can reveal if the product deviated from the intended design; and
- photographs of the product and the damage it caused.
As well as proving the faultiness of the product, you also need to prove that you used the product as intended and that the product caused the damage through no fault of your own. Evidence for this could include:
- witness statements – of those who can testify how you used the product and what happened before, during, and after the incident;
- financial loss – valuations of the damage caused to the property by the product and the cost of repair or replacement; and
- expert analysis – engineers, scientists or other experts, can analyse the product, the incident and the damage, and provide opinions on causation.
Possible defences
The company that you are claiming against may wish to avoid paying compensation, and so may argue that:
- you failed to prove that the product had a defect or that the product, though possibly faulty, did not cause the property damage claimed; or
- you used the product incorrectly and so claim negligence on your part.
If the court agrees that you were wholly to blame for the damage your case will fail; if it decides you are partially at fault for the harm caused, contributory negligence may be found and the amount of damages you receive will be reduced in proportion to how much the court believes you were to blame.
How we can help
If you have contacted the manufacturer, distributor, or seller and failed to get them to admit liability and compensate you for the property damage caused by their product, it is advisable to contact our dispute resolution solicitors.
They will negotiate with the other side to try and reach a financial settlement that covers all your losses. If this fails, they can organise alternative dispute resolution, such as mediation, and as a last resort help you bring a product liability claim before the courts.
They can help you gather the evidence you need to prove that the product was defective and that this defect caused the damage to your property. They will obtain relevant expert testimony, handle all the paperwork, and be there to offer advice and legal representation when your day in court arrives.
For further information, please contact Jonathan Lewis or a member of the dispute resolution team on 01905 721600 or email worcester@parkinsonwright.co.uk
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published