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| Accidents By A Product --- FOR SOMEONE WHO DIED |
| Introduction |
Product liability comes under Consumer Protection Act. Consumer Protection Act has undergone quite a few amendments so as to protect the interest of commoners. If someone whom you are representing suffered an injury or died due to a defect of a product, or product malfunctioning then you may claim compensation from the multiple parties associated with the manufacture and sale of the product.
If someone was injured/died because of a fault/defect in a product; you may be able to recover compensation for his/her injury and other losses. You may be able to bring a number of claims against different persons/companies. Generally, you can claim for injuries suffered within 2 years of the accident.But in certain exceptional cases, if you claim after 2 years from the accident time, consulting a solicitor is the best available option. |
| The Law Says, |
Depending on the circumstances of your case, you may be able to make one or more of the following claims:
(i) You can claim against the producer of goods for providing you defective products that harmed you. Defective products are those that do not meet standard customer expectations(Cosumer act 1997).
(ii) You can also claim against the seller/retailer of the products. You can say this by justifying that they were not upto your minimum standard expectations. You are actually claiming against a breach of contract. You have to prove that the products were unsafe for consumption.
(iii) You can also claim “negligence” on the part of manufacturer for improper packaging, allowing the goods to deteriorate and hence becoming unsafe for consumption.
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| ‘Goods’ can be and are supposed to be defined differently for the purpose of each claim. Generally, they include most of the items such as cars, toasters, washing machine, food articles etc. But if you are not sure which item has caused harm to you, you should seek legal advice.
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| The producer/seller/manufacturer might possess number of defenses to your claim but they cannot exclude themselves from the responsibility they hold for the harm caused by their product by notice or a term in a contract.
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You should be falling under the following categories of people to make a claim on the behalf of the deceased in the court of law. You should also fulfill certain criterion before proceeding for the claim:
The categories of people that you can fall under are:
(i) You are the personal representative of the person who died.
(ii) You being wife/husband (spouse) or a former wife/husband of the deceased.
(iii)You are the person who was living as husband or wife with the deceased (but you should have been living with him/her for a period of 2 years before she/he died).
(iv) You were either the parent or the grandparent of the person who died or even if you were treated as his/her parent.
(v) You are the child of the person who died (you can be an adopted child) or grandchild or even great-grandson/daughter or a child of a spouse of the deceased whom the deceased treated as his/her child.
(vi) You can also claim if you were a brother, half-brother or step-brother, sister, half-sister or step-sister, uncle/aunty.
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If your claim is successful, you may be able to recover compensation for:
(i) The deceased’s pain and suffering.
(ii) The deceased’s loss of earnings until death.
(iii) Funeral and medical expenses.
(iv) Care services provided to the deceased because of the injury.
(v) Certain financial losses you suffered as a result of the deceased’s death.
(vi) Bereavement (provided you fall within certain categories).
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| You can claim interest on your compensation.Your compensation may be reduced if the deceased was found to be partly responsible for his/her injuries.
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