Every product sold in Ireland must be safe for its intended use. When a product is defective — whether it is a piece of machinery, a children's toy, a food product, a medical device, or household equipment — and causes injury, the manufacturer, importer, or supplier can be held liable.
Under the Liability for Defective Products Act 1991, a manufacturer is strictly liable for injuries caused by a defective product — you do not need to prove they were negligent, only that the product was defective and that defect caused your injury.
A product is defective when it does not provide the level of safety that a person is generally entitled to expect. This includes design defects, manufacturing defects, and failures to provide adequate safety warnings or instructions. The claim can be brought against the manufacturer, an EU importer, or the supplier if the manufacturer cannot be identified.
If you have been injured by a product, preserve the product, its packaging, any instructions, and your proof of purchase. Do not attempt to repair or modify the product. These items are critical evidence. If the product was part of a batch or has a serial number, note these details.
Helen purchased a steam cleaner from a well-known retailer. On its third use, a seal inside the appliance failed catastrophically, causing a burst of boiling steam that scalded her forearm and hand. She spent two nights in hospital and required skin grafting. The scarring on her forearm was permanent.
The retailer's initial response was polite but unhelpful. They offered a replacement product. The manufacturer, when contacted, suggested the product had been used incorrectly or with incorrect water. Helen had kept the instruction leaflet and had followed it precisely.
Her solicitor commissioned an independent engineering examination of the product. The examination found a consistent manufacturing defect in the sealing mechanism — one that had been the subject of two previous product returns from other customers, both logged by the manufacturer but not acted upon.
The case settled before proceedings issued.
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