The Sale of Goods Act provides protection against goods which are of poor quality. As we have mentioned, the definition of ‘quality’ takes into account fitness for purpose, appearance and finish, freedom from minor blemishes, durability and safety. If a product is unsafe, we must look to the Consumer Protection Act as it provides different information on what your remedies are and who you should pursue as the responsible party.
Damages and Compensation
To make a successful claim for damages or compensation as a result of using an unsafe item, there are a number of things you must first prove.
- The product has a defect
- Damage has been caused (death, personal injury, damage to private property in excess of £275)
- The damage was caused by the defect
- The producer can be identified
Although you no longer have to prove negligence on the part of the supplier, you still have to prove the defect, the damage and the link between the two, so it could very well amount to the same thing. You should also ensure you were using the product only for the purposes it was reasonably intended for, and there were no safety instructions which you ignored. Similarly, if a product is marketed for expert or experienced users and you are a novice, you have nobody to blame but yourself if you are injured as a result.