When you purchase a product, you do so with the expectation that it is safe to use as intended. From a child’s toy to a life-saving medical device, we place our trust in manufacturers to design and produce goods that meet high safety standards. When that trust is broken and a defective product causes harm, the consequences can be devastating.
An injury from a faulty product can leave you dealing with physical pain, emotional distress, and unexpected financial burdens. Navigating the path to recovery and justice can feel overwhelming, but you do not have to face it alone. This guide is here to offer support and clarity, explaining your rights under Irish law and outlining the steps you can take if you have been injured by a defective product.
Understanding Product Liability in Ireland
The law in Ireland provides strong protections for consumers. The Liability for Defective Products Act 1991 places “strict liability” on the producer of a product. This means that if a defect in their product causes injury to a person or damage to property, the producer is responsible.
Unlike some other types of personal injury claims, you do not necessarily have to prove that the manufacturer was negligent. Instead, you need to show that the product was defective and that this defect directly caused your injury.
Product defects generally fall into three main categories:
- Design Defects: The product’s design is inherently unsafe, even if it is manufactured perfectly.
- Manufacturing Defects: An error occurs during the production process, making a specific item or batch unsafe.
- Marketing Defects (Failure to Warn): The product lacks adequate instructions or warnings about potential dangers.
This article will focus on design defects, where the flaw is part of the product’s fundamental blueprint.
What is a Design Defect?
A design defect exists when a product is inherently dangerous due to its design, rather than an error in how it was made. Even if it was built with the highest quality materials and assembled flawlessly, the product is still unsafe for its intended use. Companies often spend years testing designs before a product reaches the market, but sometimes flaws are missed.
A producer has a responsibility to consider what could go wrong when someone uses their product. This includes anticipating foreseeable misuse. If a product’s design creates an unreasonable risk of harm, it is considered defective.
When a court examines a claim for a design defect, it will consider several key questions:
- How did the injury happen?
- Was the injury a direct result of a fault in the product?
- Was the product’s design inherently dangerous to use?
Common Types of Defective Product Claims
Faulty products can be found in every aspect of our lives. An injury can be caused by something as simple as a household appliance or as complex as a medical implant. Here are some of the areas where we frequently see claims arise.
Defective Electrical Products
Electrical goods make our lives easier, but a fault can lead to serious injury or even death from electric shocks or fires.
- Faulty E-Cigarettes: Malfunctioning e-cigarettes have been known to cause fires and explosions, resulting in burns and property damage.
- Hoverboards: These self-balancing scooters have also been linked to fires, often due to faulty batteries or charging components.
Defective Vehicles and Sporting Goods
Products designed for transport and recreation must be safe.
- Vehicle Defects: A defect in a car, motorcycle, or bicycle can cause a serious accident. In other cases, a safety feature like an airbag may fail to deploy correctly, making injuries from a crash more severe.
- Sporting Equipment: Gym machines, bicycles, and other exercise equipment can cause significant injury if they fail during use.
Defective Medical Devices and Medicines
When the products designed to heal us cause harm, the breach of trust is profound. Despite rigorous testing, some medical devices and drugs reach the market with dangerous defects.
- Defective Medical Implants: We see many claims related to faulty medical devices. These include:
- Metal-on-Metal Hip Replacements: Many of these devices failed much earlier than expected, releasing metal particles that caused pain, tissue damage, and the need for further surgery. The DePuy ASR hip replacement is a well-known example.
- Knee Replacements: A faulty knee implant can cause pain, instability, and the need for complex revision surgery.
- Faulty Defibrillators: Implantable defibrillators that malfunction can deliver painful, unnecessary shocks or fail to deliver a life-saving shock when needed.
- Cochlear Implants: A defect in a cochlear implant can cause pain or require the recipient to undergo further surgery.
- Contaminated Medical Equipment: The Sorin Stockert 3T Heater-Cooler, a machine used during heart surgery, was linked to bacterial infections (M. chimaera) that were transmitted to patients.
- Defective Medicines: A drug may have dangerous, undisclosed side effects or fail to work due to a defect. We have seen claims related to medications like Lariam (Mefloquine), which was linked to psychiatric side effects.
- Contaminated Blood Products: Receiving the wrong blood type or a blood product contaminated with a virus like Hepatitis or HIV can have catastrophic health consequences.
Defective Work Equipment
Your employer has a duty to provide you with safe and appropriate equipment to do your job. When this equipment is faulty, the results can be life-threatening.
- Inadequate Machinery: Injuries are often caused by inadequate maintenance, a lack of safety guards, or insufficient training.
- Faulty Personal Protective Equipment (PPE): A claim can arise if your employer fails to provide suitable PPE, or if the equipment provided, such as steel-toe cap boots, is defective and fails to protect you from injury.
Steps to Take If You Are Injured by a Defective Product
If you believe you have been harmed by a faulty product, taking the right steps can protect your health and support a potential claim.
- Seek Medical Attention: Your wellbeing is the most important thing. See a doctor to get your injuries treated and create an official medical record.
- Preserve the Product and Packaging: If it is safe to do so, keep the defective product, its packaging, and any instructions or receipts. This is crucial evidence.
- Document Everything: Take photos of the product, your injuries, and the scene of the accident if relevant. Write down exactly what happened as soon as you can, while the details are fresh in your mind.
- Gather Records: Keep all receipts for medical expenses, travel costs, and records of any lost earnings from being unable to work.
- Consult a Solicitor: Product liability claims can be complex. An experienced solicitor can assess your case, guide you through the legal process, and help you gather the evidence needed to build a strong claim.
How Compensation Can Help
An injury from a defective product can change your life. While financial compensation cannot undo the harm you have suffered, it can provide vital support for your recovery. It can help cover the cost of medical care, rehabilitation, and adaptations to your home, as well as compensating you for your pain, suffering, and loss of income.
If you or a loved one has been injured by a faulty product, you do not have to bear the burden alone. Seeking expert legal advice is the first step toward securing the justice and support you deserve.
This article is written by Áine McSweeney, a dedicated and experienced solicitor at HOMS Assist. With a strong background in personal injury and medical negligence law, Áine is committed to providing clear, compassionate, and expert legal guidance to clients during difficult times.
