Defective product claims Scotland
If a defective or unsafe product caused you an injury, the manufacturer, importer, or supplier may be legally liable for your losses. Scotland follows UK-wide product liability law, which makes it possible to claim compensation without having to prove the manufacturer was careless.
TL;DR: If a product was unsafe and caused your injury, you can claim under the Consumer Protection Act 1987. You do not need to prove negligence. The time limit is three years from the date of injury. No Win No Fee applies. Call 0800 123 4567 for a free assessment.
What law covers defective product claims in Scotland?
Two legal routes are available for defective product claims in Scotland.
Consumer Protection Act 1987 (CPA)
The CPA imposes strict liability on producers for damage caused by defective products. This means you do not need to prove that the producer was negligent. You simply need to show that:
- The product was defective (it was not as safe as people are generally entitled to expect)
- You suffered damage (personal injury or property damage)
- The defect caused your damage
The CPA applies to all products, from food and pharmaceuticals to electrical goods, children's toys, vehicles, and machinery.
Who is liable under the Consumer Protection Act?
The following parties can be liable under the CPA:
- The producer (manufacturer)
- An own-brander who presents the product as their own
- The importer who first brought the product into the UK or EU market
- Any supplier who refuses to identify the producer or importer
You can claim against the supplier (for example, a supermarket or retailer) if they cannot identify the producer, importer, or own-brander.
Common law negligence
Alongside the CPA, a claim can also be brought in common law negligence if the manufacturer failed to take reasonable care in the design, manufacture, or warning process. This route requires proof of negligence but has a longer time limit.
What types of product defect cause personal injury claims?
Manufacturing defects
A manufacturing defect occurs when a product departs from its intended design during the production process. Examples include a car with faulty brakes that were incorrectly assembled, a food product contaminated during production, or a medical device that was incorrectly manufactured.
Design defects
A design defect is present in every product in the range because the design itself is inherently unsafe. Examples include a children's toy with small parts that pose a choking hazard, a ladder with an inherently weak structure, or a vehicle whose fuel system design creates a fire risk.
Warning or instruction defects
Where a product is dangerous unless used in a specific way, and the manufacturer fails to provide adequate warnings or instructions, this can constitute a defect. Examples include pharmaceutical products that fail to warn of serious side effects, or power tools sold without adequate safety guidance.
What types of product cause the most personal injury claims in Scotland?
Common products involved in personal injury claims include:
- Electrical goods (fires, electrocution)
- Children's toys and equipment (choking, strangulation, impact injuries)
- Food products (contamination, undeclared allergens)
- Pharmaceuticals and medical devices
- Vehicles and vehicle parts
- Garden and power tools
- Exercise and sports equipment
- E-cigarettes and vaping devices
- Furniture (tip-overs, structural failures)
- Industrial machinery and equipment
Do you need to have bought the product yourself?
No. You can claim under the Consumer Protection Act even if you did not purchase the product. If someone else bought a product and you were injured by it, you can still claim against the producer or importer.
Can you claim against an online marketplace or seller?
Where a product is sold through an online platform (such as Amazon Marketplace, eBay, or a direct overseas seller), the question of who is liable is more complex. UK product liability law applies to products made or imported into the UK market.
Where an overseas seller has supplied a defective product directly to a UK consumer without going through a UK importer, the Consumer Protection Act 1987 may allow a claim against the UK distributor or platform in certain circumstances. This is a developing area of law, and legal advice is important.
What can you claim for in a defective product case?
Under the Consumer Protection Act 1987, you can claim for:
- Personal injury (general damages for the injury itself and special damages for financial losses)
- Damage to private property (property worth more than £275 damaged by the defective product)
You cannot use the CPA to claim for damage to the defective product itself. A claim for the product's own failure is a consumer contract matter.
What is the time limit for a defective product claim in Scotland?
Under the Consumer Protection Act 1987, there is a three-year limitation period running from the date of injury or the date of knowledge (when you first knew the damage was caused by the product defect). There is also an absolute longstop period: no claim can be brought more than ten years after the defective product was first put into circulation.
The Prescription and Limitation (Scotland) Act 1973 applies to the three-year period in Scotland. Your solicitor will advise on the precise time position in your case.
Is a defective product claim handled on No Win No Fee?
Yes:
- Nothing to pay to start your claim
- Nothing to pay if your claim is unsuccessful
- You keep 100% of your compensation if your claim succeeds
Frequently asked questions
Does the product need to have been recalled for me to claim? No. A product recall is evidence that the manufacturer knew or suspected a defect, but you can claim even where no recall has been issued. The test is whether the product was as safe as people are generally entitled to expect, not whether the manufacturer has acknowledged the problem.
What if I modified the product before the accident? Modification of a product may affect the claim. If your modification caused or contributed to the accident, contributory negligence or a break in the chain of causation may be relevant. Each case depends on the specific facts.
What if I cannot find the original producer? Your solicitor can claim against the supplier (retailer or online platform) if they cannot identify the producer, importer, or own-brander. The supplier is then obliged either to identify those parties or to accept liability themselves.
Can I claim for a product that caused illness rather than physical injury? Yes. Defective food products causing food poisoning, allergen reactions, or other illness are within the scope of the Consumer Protection Act.
Do I need to have kept the product? Where possible, keep the defective product and do not dispose of it. It is key evidence. If you have already disposed of it, a claim may still be possible if there is other evidence of the defect.
Start your defective product claim today
Call 0800 123 4567 for a free, no-obligation assessment. We handle defective product and product liability claims across Scotland on a No Win No Fee basis.
