Product Liability Lawyers

Our expertise in the automotive, electric vehicle, marine, and construction industries has enabled us to advise on the legal issues involving defective and dangerous goods as well as product safety and product liability law.

Different from traditional product safety lawyers, we focus on complaints involving product defects such as defective car parts, engines or exhausts and the damage caused to those products and other goods and property, but not personal injury.

What we can help with

Manufacturing defects

We can help clients who have suffered damage or loss due to defective or poorly manufactured products. For example, when it comes to the purchase of vehicles, this includes:

• Timing chain tensioners failing prematurely
• DPF and EGR valves not working as they should
• Ford wet belt failure
• Leaky sunroof and panoramic roof in VW and Land Rover vehicles

Since the case of Donaghue v Stevenson, the snail in a bottle case, it has been the case that the manufacturer who sells a vehicle which is intended to be sold to by a retailer or distributor which causes damage to the person or property will be liable in negligence.

This principle opens the door to buyers holding manufacturers accountable for selling vehicles with inherent manufacturing defects

Design defect

Where a product has been manufactured as should, but the design is flawed or defective. In these cases, manufacturers have a duty to inform consumers once the defect is discovered.

As an example, it has been alleged in the United States that the action against Jaguar Land Rover for supplying vehicles with DPF defects is not only negligent but that their knowledge of the defect and failure to warn customers had the appearance of deceptive behaviour. Additionally, it was suggested that the sudden restrictive performance of affected vehicles of limp mode posed a danger for drivers when driving on the motorway for example.

However, it does not have to be that the vehicle is inherently dangerous or fails to meet the standard of product safety.

In the VW emissions case in America, VW was found to have violated the Clean Air Act and made false statements regarding the compliance of its vehicle with the Clean Air Act.

Legal frameworks within product liability law

Consumer Protection Act 1987

Under the Consumer Protection Act 1987 a product is ‘defective’ if the safety of the product falls short of what a person is generally entitled to expect in the context of risks of property damage, as well as in the context of risks of death or personal injury. This includes:

• Risks of property damage
• Consideration of current scientific and technical knowledge
• Vehicle age can influence expectations of performance

However, please note that it is the customer who bears the burden of proving the vehicle was defective and that the defect caused the loss or damage. For example, in the case of a car fire, the evidence may have been destroyed by the fire. Evidence of the specific defect is usually required.

The General Product Safety Regulations 2005

General product safety regs apply to new and used cars and products requiring the distributor, seller and firms that hire out or supply second-hand goods or supply goods as part of a service to act with due care to ensure goods are safe.

What’s important when choosing a specialist lawyer?

At Stormcatcher Law, we believe expertise and specialism comes from the real-life work you experience throughout your long career – can we certainly have that.

A true specialist must be a critical thinker with a deep understanding of their subject matter and being able to interpret, challenge, and use complex evidence. We’ve lived out fields, and have the first-hand experience to understand the ins and outs of how things work in practice.

Why choose us?

We bring more to the table than just professional credentials; we bring real-world experience. We’re former industry insiders, so we’ve worked closely with the very issues our clients face. We have knowledge of the automotive industry, building and construction, and liability, contracts.

If you’re looking for a team that combines legal expertise with deep technical and practical knowledge, you’ve come to the right place.

Expert product liability lawyers

As manufacturing defect and product liability lawyers dealing with damage and loss caused by design or manufacturing defects, we have advised on cases including but not limited to:

• Car fire
• An electric vehicle or EV fire
• Car flood
• Failure of vehicle suspension
• Drive shafts and steering racks

We understand how frustrating and expensive it can be when there are issues with your vehicle, that’s why we offer a free consultation to assess whether your claim has legal merit. If your car, van, or product has a manufacturing defect causing it to fail prematurely, contact us for advice. Our consumer rights lawyers help with a wide range of issues, such as consumer law product liability claims in other sectors too.