Richard was doing some repairs to his motorcycle. He had to use a spanner to loosen a bolt on the motorcycle. While turning the bolt the spanner broke resulting in a fracture to Richard’s hand.
Our Investigation
We contacted the supplier and the manufacturer of the spanner. In subsequent correspondence with their insurers, they denied liability. We then arranged for the spanner to be analysed by an expert at a local technical college who showed after microscopic testing that the spanner had an inherent weakness in its structure resulting in it being liable to fracture during use.
Court Action
We raised Court proceedings against the manufacturer. We obtained an orthopaedic report regarding Richard’s injuries. Soon afterwards we negotiated a settlement to the claim.
Legal Basis of Claim
The claim was based on the spanner being a defective product within the meaning of the Consumer Protection Act 1987. Subject to limited exceptions this provides for absolute liability on the part of a manufacturer for defective products.
Outcome
A settlement was negotiated at £9000.
Testimonial
Richard said; “I was impressed with the way that Lindsays went about dealing with my claim. When the manufacturer would not accept liability for my claim they identified a local expert who after expert testing of the spanner was able to show that it had a manufacturing weakness. I was happy with the compensation I was awarded. I would recommend Lindsays to anyone who has suffered an accident because of a defective product”.
How We Can Help
We have a dedicated team with more than thirty years’ experience of dealing with product liability claims. Several members of the team are members of the Association of Personal Injury Lawyers (APIL). Through APIL we have access to a wide range of technical experts who can help settle product liability claims.
