A product injured my child. Can I claim compensation from the manufacturer?

What the Law Says

The main law that allows you to claim compensation from a manufacturer for injury caused by a defective product is the Consumer Protection Act 1987. It imposes strict liability — meaning you do not need to prove negligence — if certain conditions are met.

Under the Consumer Protection Act 1987, a producer (including manufacturers, importers, and own-brand suppliers) is liable for damage caused wholly or partly by a defect in their product. 'Damage' includes personal injury — such as harm to your child — and damage to private property worth £500 or more.

A 'defect' exists if the safety of the product is not such as persons generally are entitled to expect, taking into account all relevant circumstances — including how the product was marketed, its intended use, and the time it was supplied.

You must bring your claim within six years from the date the cause of action accrued — usually the date of the injury — though special rules apply for children: the limitation period does not begin until they turn 18, giving them until age 21 to start a claim.

Statutory Text

A producer is liable for damage caused wholly or partly by a defect in his product.

— Consumer Protection Act 1987, s. 2(1) — Liability for defective products

Statutory Text

Damage' means death or personal injury; and damage to any item of property...

— Consumer Protection Act 1987, s. 5(1) — Meaning of damage

Statutory Text

A product is defective if its safety is not such as persons generally are entitled to expect...

— Consumer Protection Act 1987, s. 3(1) — Meaning of defect

What to Do

Sources