Understanding defective product litigation
We expect the products we buy and use to be safe. Unfortunately, a defective or dangerous product can sometimes cause serious injury or damage.
In Ireland, you may have a legal claim where a product has caused injury because it was unsafe or failed to provide the level of safety you were entitled to expect.
A defective product claim can involve manufacturers, importers, distributors, suppliers or retailers, depending on how the product reached you and where the defect arose.
Under the Liability for Defective Products Act 1991, a product is considered defective where it does not provide the level of safety that a person is entitled to expect, taking all of the circumstances into account. Liability for Defective Products Act 1991
At Coleman Legal LLP, we have significant experience representing people affected by defective and dangerous products.
Our work in this area includes:
- Defective blocks in Donegal.
- Vaginal Mesh Implants
- Our work on the De Puy Hip Implants recall has given our firm significant experience in complex defective product litigation before the Irish Courts.
Claims under the Liability for Defective Products Act 1991
The Liability for Defective Products Act 1991 is one of the main laws protecting people who are injured by defective products in Ireland.
One of the important features of the Act is that you do not necessarily have to prove that the manufacturer was negligent.
Instead, a claim generally requires evidence that:
- the product was defective
- you suffered injury or qualifying damage
- the defect caused that injury or damage
Read the Liability for Defective Products Act 1991
A claim can potentially be brought against the manufacturer of the finished product, the manufacturer of a defective component or, in certain circumstances, an importer or supplier.
The legislation can cover personal injury and death, as well as damage to certain property used mainly for private purposes.
However, there is an important difference between a product that is unsafe and one that is simply poor quality.
A product that breaks quickly, performs badly or is not worth what you paid for it does not automatically give rise to a personal injury claim. In those circumstances, your consumer rights may instead apply.
Time limits for defective product claims
Time limits can be particularly important in defective product cases.
Under the 1991 Act, a claim will generally need to be brought within three years of the relevant injury or damage occurring, or from when you became aware, or should reasonably have become aware, of the damage, defect and identity of the producer.
There is also generally a ten-year long-stop period from the date the particular product was first put into circulation.
See section 7 of the Liability for Defective Products Act 1991
The correct limitation period can depend on the circumstances, so you should not assume that a claim is either in time or out of time without first checking the dates.
Product liability law is changing
EU product liability law is also being updated.
A new EU Product Liability Directive, Directive (EU) 2024/2853, has been introduced to reflect changes in modern products, including software, digital products and artificial intelligence.
Ireland and other EU countries are required to implement the new rules by 9 December 2026.
The new regime will generally apply to products placed on the market or put into service after 8 December 2026, while the existing rules continue to apply to earlier products.
Read the EU Product Liability Directive
Your consumer rights if a product is faulty
Not every faulty product causes an injury.
Sometimes the issue is that a product does not work properly, is not as described, does not last as long as it reasonably should or is unsuitable for its intended purpose.
For consumer purchases made from 29 November 2022 onwards, the Consumer Rights Act 2022 provides important protections.
Goods supplied to you should generally:
- match their description
- be of the quality you could reasonably expect
- be fit for their normal purpose
- be fit for any particular purpose agreed with the seller
- have the durability and functionality reasonably expected of that type of product
If goods are faulty, you may have rights to a repair, replacement, price reduction or refund, depending on the circumstances and when the problem arose.
The Competition and Consumer Protection Commission provides practical guidance on these rights. CCPC guidance on faulty goods
These consumer rights are different from a personal injury claim arising from an unsafe product.
For example, if a kettle simply stops working, you may have a consumer rights issue.
If the kettle has a defect that causes an electrical fire and you are injured, a defective product or personal injury claim may also need to be considered.
Product safety rules in Ireland
Manufacturers and other businesses that place consumer products on the market have legal responsibilities to ensure those products are safe.
Since 13 December 2024, the EU General Product Safety Regulation has applied throughout the European Union.
In Ireland, the rules are supported by the European Union (General Product Safety) Regulations 2024.
CCPC guidance on the General Product Safety Regulation
The rules can apply to manufacturers, importers, distributors, authorised representatives and online marketplaces.
The Competition and Consumer Protection Commission is one of the authorities responsible for product safety enforcement in Ireland.
Different safety rules can also apply to particular products, including:
- medical devices
- vehicles
- toys
- electrical products
- machinery
- construction products
Where a dangerous product is identified, regulatory action can include warnings, recalls or requirements to remove the product from the market.
For someone who has been injured, however, the important question is usually different: why did the product fail, who was responsible and did that failure cause the injury?
Negligence claims involving defective products
In some cases, a defective product claim may also be brought on the basis of negligence.
A negligence claim generally involves showing that a person or company owed you a duty of care, failed to meet the required standard and caused injury or damage as a result.
This can arise where there has been a problem with:
- the design of a product
- the manufacturing process
- testing or quality control
- warnings or instructions
- safety features
- the way a product was supplied or installed
The legal route that applies will depend on the circumstances.
You do not need to work out which piece of legislation applies before contacting a solicitor. That is something we can assess after reviewing what happened, the product involved and the available evidence.
What products can give rise to a claim?
Defective product claims can involve a wide range of products.
Examples include:
- unsafe medical devices
- cars and other motor vehicles
- defective vehicle components
- dangerous toys
- household appliances
- electrical products
- consumer goods
- industrial machinery
- farm machinery
- construction products and equipment
A defect may arise from the original design, the manufacturing process, a faulty component, inadequate instructions or warnings, or another failure that makes the product unsafe.
What should I do if a defective product injures me?
If you or a family member has been injured by a product that you believe may be defective, preserving the evidence can be extremely important.
Where possible:
- Keep the product. Do not throw it away, return it or allow it to be repaired unless you have first taken advice.
- Keep your receipt or proof of purchase. This can help establish where and when the product was purchased.
- Keep the packaging and instructions. Warnings, labels, model numbers and serial numbers may become important.
- Take photographs. Photograph the product, the suspected defect and any damage caused.
- Write down what happened. Record when and where the incident occurred and how the product was being used.
- Keep correspondence. Save emails or messages exchanged with the retailer, manufacturer or insurer.
- Seek medical treatment. Keep details of your injuries and any treatment you receive.
Do not worry if you no longer have every piece of evidence. The circumstances of each claim are different, and we can advise you on what may still be available.
How is a defective product claim investigated?
A defective product claim can require more investigation than an ordinary accident claim.
The first step is usually to understand exactly what happened and identify the product involved.
Depending on the case, this may involve obtaining:
- purchase and product records
- medical records
- photographs
- recall or safety information
- manufacturing or technical information
- independent engineering or expert evidence
For medical products or devices, medical expert evidence may also be required to determine whether the defective product caused or contributed to the injury.
Where a large number of people have suffered similar problems with the same product, manufacturer or underlying defect, the claims may also form part of wider multi-party litigation.
Defective product litigation team
Coleman Legal LLP is a law firm with significant experience in complex and multi-party litigation.
Our team of experienced defective product litigation solicitors represents individuals and groups who have been injured or otherwise affected by defective products in Ireland.
If you believe a product has caused you or a family member an injury, we can review what happened, identify the parties who may be responsible and advise you on the legal options available.
You do not need to know whether your case falls under product liability legislation, negligence law or another area before speaking to us.
The first step is simply to understand what happened and whether there may be a basis for a claim.
Coleman Legal LLP advises clients in defective product litigation and related personal injury claims throughout Ireland.
