Best Dangerous Product Lawyers in Aberdeen

About Dangerous Product Law in Aberdeen, United Kingdom

Dangerous product law in Aberdeen sits within the wider United Kingdom product safety and consumer protection regime, applied in Scotland through Scots law and enforced locally by Trading Standards. If a product is unsafe or defective and causes injury or damage, you may have civil claims for compensation and the authorities may take criminal enforcement action against the producer or supplier. Civil claims in Scotland include strict liability under the Consumer Protection Act 1987 and fault based claims in negligence under the law of delict. Consumer contract remedies also apply where a product fails to be of satisfactory quality or fit for purpose.

Producers have legal duties to ensure products are safe, to provide warnings and instructions, and to take corrective action such as recalls if risks are identified. Consumers in Aberdeen can seek redress against manufacturers, importers, own branders, or sometimes retailers, depending on the facts. Local enforcement is typically carried out by Aberdeen City Council Trading Standards, with oversight and guidance from national regulators.

This guide provides general information only. It is not legal advice. If you think you have a claim, speak to a qualified Scottish solicitor without delay.

Why You May Need a Lawyer

You may need a solicitor when a product causes injury or loss, for example burns from faulty electrical goods, poisoning from unsafe foods or cosmetics, injuries from defective machinery or tools, harm from toys or nursery products lacking adequate safety features, or a vehicle component failure causing a collision. A solicitor can help identify the correct legal route and the party legally responsible.

Product cases often require technical expert evidence to prove a defect, to reconstruct what went wrong, or to rebut arguments about misuse. Insurers and large manufacturers typically defend these claims vigorously. A lawyer will preserve evidence, instruct experts, value your losses, negotiate with insurers, and raise court proceedings if needed.

Strict time limits apply under Scottish law. Early advice helps protect your rights, prevents loss of evidence, and ensures compliance with pre action protocols and court rules. A solicitor can also advise on funding options such as no win no fee and on the risks of expenses if a case is lost.

Local Laws Overview

Key legislation and principles relevant in Aberdeen and across Scotland include the Consumer Protection Act 1987, which creates strict liability for damage caused by a defective product. You do not need to prove negligence under this route. Liability can attach to manufacturers, brand owners, and importers into the UK. A retailer may be liable if they fail to identify the producer when asked in time. Property damage claims under this Act must exceed 275 pounds and generally cover private property, not the defective product itself.

The General Product Safety Regulations 2005 and the Product Safety and Metrology etc. Regulations 2019 impose safety duties on producers and distributors, including obligations to monitor product risks, provide instructions and warnings, and cooperate with recalls. After Brexit, UKCA marking and UK based responsible persons apply to many products, with transitional arrangements in some sectors.

Consumer contract remedies under the Consumer Rights Act 2015 include the short term right to reject within 30 days for faulty goods, the right to repair or replacement, and the right to a price reduction or final rejection if repair or replacement fails. These can sit alongside or be separate from injury claims.

In Scotland, personal injury claims are governed by Scots law of delict. The usual time limit for raising a court action is three years from the date of the accident or date of knowledge of the injury and its cause. There is also a 10 year longstop for strict liability product claims running from the date the product was put into circulation. Different time rules can apply to children and to fatal claims brought by relatives.

Courts with jurisdiction include Aberdeen Sheriff Court for most local cases and the All Scotland Sheriff Personal Injury Court for some higher value or more complex personal injury claims. The Court of Session in Edinburgh can hear high value or group proceedings. Pre action protocols for personal injury in Scotland are widely used to promote early investigation and settlement.

Damages in Scotland can include solatium for pain and suffering, past and future wage loss, treatment and care costs, and household services claims under the Administration of Justice (Scotland) Act 1982. In fatal cases, relatives can claim under the Damages (Scotland) Act 2011.

Frequently Asked Questions

What counts as a dangerous or defective product

A product is defective when its safety is not such as persons generally are entitled to expect, taking account of how it was marketed, any warnings or instructions, what might reasonably be done with it, and the time it was supplied. Defects can arise from design, manufacturing, contamination, inadequate warnings, or failure to recall. Dangerous food, faulty electrics, exploding batteries, collapsing furniture, and unsafe toys are common examples.

Who can I claim against

Potentially liable parties include the manufacturer, an own brand supplier, the importer into the UK, and a component manufacturer. If you cannot identify the producer, you can ask the retailer to identify them. If the retailer fails to identify the producer within a reasonable time, the retailer may be treated as the producer for a strict liability claim. Negligence claims can also be brought against parties who failed in their duty of care.

Do I need to prove fault

Under the Consumer Protection Act 1987 you do not need to prove negligence. You must prove the product was defective and that the defect caused your injury or damage. You can also claim in negligence, which does require proof of fault, or under consumer contract law for faulty goods. Your solicitor will choose the best combination for your case.

What can I claim for

In Scotland you can claim for pain and suffering, past and future loss of earnings, medical and rehabilitation costs, aids and equipment, damaged personal property over 275 pounds where eligible, and family care or services claims. Evidence such as medical records, wage slips, receipts, and witness statements is essential to prove losses.

What are the time limits in Scotland

For personal injury, the basic time limit is three years from the date of the accident or from when you reasonably became aware of your injury and its cause. Product strict liability claims also have a 10 year longstop from when the product was first put into circulation. Children usually have longer because the three year period typically runs from their 16th birthday. Different rules apply to fatal claims and to pure property or contract claims, which may be subject to a five year prescriptive period.

What if I misused the product or removed a safety guard

You can still claim, but your compensation may be reduced if you were partly at fault. The court can apply contributory negligence. The key questions are whether your use was reasonably foreseeable and whether adequate warnings and safeguards were provided.

Does a product recall guarantee my claim will succeed

No. A recall can be powerful evidence that a risk existed, but you still need to show that a defect caused your injury or loss. Conversely, absence of a recall does not defeat a valid claim. Expert evidence is often used to establish causation.

Can I claim if I bought the item second hand or through an online marketplace

Yes, depending on the facts. Strict liability can still apply to producers and importers. Contract rights against a private seller are more limited, but claims against the producer may still be available. Keep all listing details, messages, and proof of purchase.

How much will a solicitor cost

Many Scottish solicitors offer no win no fee arrangements for personal injury. Success fees in Scotland are regulated and capped for personal injury damages based agreements. Your solicitor should give you clear written terms about fees, outlays such as expert reports, and potential liability for the other side’s expenses if you lose.

Should I return or repair the product

Preserve the product in its post incident state if it is safe to do so. Do not attempt repairs or discard packaging. Photograph the item, the scene, and your injuries. Keep receipts, manuals, and correspondence. Your solicitor may arrange independent expert inspection. If there is an urgent safety risk, follow official recall or safety advice and record what you do.

Additional Resources

Aberdeen City Council Trading Standards - local enforcement of product safety and advice on reporting unsafe goods and recalls.

Office for Product Safety and Standards - national oversight of product safety, recall guidance, and standards.

Medicines and Healthcare products Regulatory Agency - safety of medicines and medical devices, Yellow Card scheme for reporting adverse events.

Driver and Vehicle Standards Agency - vehicle recalls and safety defects including motorcycles and caravans.

Food Standards Scotland - food safety alerts and enforcement across Scotland.

Health and Safety Executive - workplace equipment safety and reporting of serious incidents under RIDDOR.

Citizens Advice Scotland - consumer guidance about faulty goods, returns, and redress routes.

Scottish Courts and Tribunals Service - information on raising court proceedings and local court locations including Aberdeen Sheriff Court.

Law Society of Scotland - find a solicitor experienced in product liability and personal injury.

Electrical Safety First and Royal Society for the Prevention of Accidents - practical safety advice and awareness for common household risks.

Next Steps

Get medical attention immediately and follow clinical advice. Ask for copies of medical records related to the incident. Report serious hazards to Aberdeen City Council Trading Standards and follow any official safety guidance.

Preserve evidence. Keep the product, packaging, instructions, purchase receipts, and proof of where and when you bought it. Take clear photographs of the product, the defect, the scene, and your injuries. Note model and batch numbers and save any recall notices.

Write down what happened while it is fresh, including dates, times, witnesses, and how the product was being used. If the incident happened at work, ensure it is recorded in the accident book and that RIDDOR reporting is considered by your employer.

Do not agree to return the product to the seller, manufacturer, or insurer without taking advice, unless there is an urgent safety reason. If the product must be handed over, insist on a joint or independent inspection and a full record of chain of custody.

Speak to a Scottish solicitor who handles product liability and personal injury. Ask about your options under the Consumer Protection Act, negligence, and the Consumer Rights Act. Discuss time limits, prospects of success, funding including no win no fee, and likely timescales.

Keep a loss diary of expenses, travel, lost earnings, care provided by family, and any ongoing symptoms. Retain receipts and invoices. This will help value your claim accurately.

If you receive contact from a manufacturer or insurer, do not sign statements or accept an offer without legal advice. Early offers may undervalue your losses.

Act promptly. Strict Scottish time limits apply and there is a 10 year longstop for product claims. Early legal advice maximises your chance of securing evidence and a fair settlement.