Using Defective Product Means No Right to Claim

Matthew Howe

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In the recent case of Howmet Ltd v Economy Devices Ltd, the court had to decide whether or not the claimant's continued use of a defective product meant to the defendant (who had produced the product) was liable for damage caused by that product.

The case reached the Court of Appeal, where it was decided that because the claimant was aware of the defects in the product, and of the consequent risk of fire, but chose to continue using it, the defendant could not be held liable for any subsequent damage.

The judges found that the claimant's system which had been put in place to prevent the defect from causing damage was where the ultimate failure lay.

This case is important for consumers who purchase a product and subsequently realise that it is defective.

Upon discovery of a defect in a product, it is therefore vital for consumers to contact the manufacturer immediately and to stop using the product. Failure to do so could mean that any damage caused by the defective product, would not be the responsibility of the manufacturer.

At Samuels solicitors, based in Devon, we have a long tradition of assisting clients bringing claims against defendants for negligence.

We will assess any matter for free, and where appropriate, we will assist clients under the terms of a conditional (no-win no fee) agreement. Even if your case is not suitable for a no-win no fee agreement, we will work with you to discover which of our flexible funding options would be the most appropriate for you.

Contact us today for a free discussion with an expert lawyer about your circumstances.