Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
This guide explains key legal points for people in Kilkenny, Ireland who have been harmed by a dangerous or defective product. "Dangerous product" covers items that cause injury or damage because of a design fault, manufacturing defect, inadequate instructions, or failure to warn. Irish law provides several routes for compensation and remedies, including strict product liability rules, common law negligence claims, and consumer rights under sales legislation. Local courts in Kilkenny and solicitors familiar with Irish product-safety law handle these matters. This document gives an accessible overview of how the law works, why you may need a lawyer, what local law applies, common questions and answers, useful local and national resources, and practical next steps.
Not every problem with a product requires legal help, but a lawyer is often necessary when the issue involves injury, significant damage, or a dispute that the manufacturer or retailer will not resolve. Typical situations where legal advice is important include:
- Serious personal injury from household products, tools, toys, vehicles or machinery.
- Permanent or long-term harm that affects work, care needs, or quality of life.
- Significant damage to property caused by a product defect.
- When the manufacturer, importer or retailer denies responsibility or offers an inadequate settlement.
- Complex cases involving multiple parties - for example, where components come from different manufacturers or where the product was modified or repaired.
- When evidence needs preserving, experts must be instructed, or the correct legal procedure and time limits must be followed.
A solicitor experienced in product liability can assess whether you have a claim, guide you on evidence and expert reports, handle communications with insurers and manufacturers, and represent you in court if needed. They can also advise on alternative dispute resolution such as negotiation or mediation.
Several legal regimes are relevant to dangerous-product claims in Kilkenny and across Ireland. Key points to be aware of include:
- Product Liability Act 1991 - This Act implements strict liability for defective products. If a defective product causes injury or damage, a producer can be held liable without the injured person having to prove negligence, subject to statutory defences and limits.
- Common-law negligence - You may also bring a claim in negligence where a manufacturer, retailer or other party failed to take reasonable care in design, manufacture, testing or warnings. Negligence claims can run alongside statutory product liability claims.
- Sale of Goods and Supply of Services Act 1980 - When you buy goods, implied terms include that goods are of merchantable quality and fit for purpose. These consumer-contract rights can be a basis for a remedy against retailers or suppliers.
- Consumer Protection Act 2007 and related regulations - These laws address unfair commercial practices, product safety rules and enforcement powers. They support product recalls and actions by regulators.
- European and national product-safety standards - Many products are subject to EU or Irish standards. Compliance with standards can affect liability and may be relevant evidence in a claim.
- Courts and procedures - Small or straightforward monetary claims may be suited to the District Court. More complex or higher-value personal injury and product liability claims are usually pursued in the Circuit Court or High Court. Local solicitors in Kilkenny can advise which forum is appropriate and the likely duration and cost of litigation.
- Time limits - Statutory limitation periods apply to personal injury and property claims. These limits can be relatively short - commonly two years from the date you knew or ought to have known about the injury or damage - so obtain advice early to avoid losing rights to bring a claim.
A product is dangerous or defective if it fails to provide the safety a person is entitled to expect. This can be due to a design flaw, a manufacturing error, inadequate instructions or warnings, or failure to test. Danger can be physical injury, illness, or significant property damage.
Potentially liable parties include the manufacturer, the importer, the distributor, and sometimes the retailer. Under the Product Liability Act, the "producer" can be liable; under contract or negligence law, retailers and suppliers can also be responsible.
Compensation may cover medical expenses, loss of earnings, future care and rehabilitation costs, pain and suffering, and property damage. A solicitor will help quantify losses and obtain expert evidence to support your claim.
Time limits apply and can be short. For personal injury claims it is commonly two years from the date you knew or ought to have known of the injury. Contract or property claims may follow different time limits. Contact a solicitor promptly to understand the relevant limitation period for your case.
Most dangerous-product claims require expert evidence to show the defect, how it caused the injury, and causal links to the loss. Experts might include engineers, medical specialists, toxicologists or product-safety assessors. A lawyer will usually instruct experts on your behalf.
Costs vary by case complexity. Many personal injury solicitors offer conditional-fee or contingency arrangements - often described as no-win-no-fee - subject to terms. You should ask about how costs, disbursements and possible adverse costs are handled at the first meeting. Legal aid may be available in limited civil cases depending on means and the issue, but it is not guaranteed for product liability matters.
Yes. If a product presents a risk to the public, report it to the Competition and Consumer Protection Commission and to the Health and Safety Authority where appropriate. Reporting helps trigger recalls and alerts and can be useful evidence in a claim.
Altering or repairing the product can complicate liability because the defendant may argue the defect or damage resulted from the change. Preserve the product where possible and do not alter it without legal advice. If repairs are essential for safety, document why they were necessary and how they were carried out.
Minor consumer disputes about faulty goods may be suitable for the small-claims procedure in the District Court, but personal injury claims and complex product liability actions usually fall outside small-claims limits. A solicitor can advise whether small-claims is appropriate for your situation.
Timelines vary. Simple claims may resolve in months through negotiation. Complex cases with expert evidence, multiple parties or court proceedings can take years. Early legal advice helps manage expectations, preserve evidence and move the case efficiently.
When dealing with a dangerous product issue in Kilkenny, these organisations and resources can be helpful:
- Competition and Consumer Protection Commission - consumer safety, complaints and recalls.
- Health and Safety Authority - product and workplace safety enforcement where relevant.
- Citizens Information - general guidance on rights, time limits and procedures.
- Legal Aid Board - information on eligibility for civil legal aid.
- Law Society of Ireland - directory to find qualified solicitors and information on legal practice standards.
- National Standards Authority of Ireland - information on Irish and European product standards and conformity.
- Kilkenny District Court and Circuit Court offices - for local information on filing and court procedures.
- Garda Siochana - in cases where a dangerous product incident raises criminal or public-safety concerns.
If you believe you have been harmed by a dangerous product, follow these practical steps to protect your rights and build a strong case:
- Seek medical help immediately and keep records of all treatment and medical reports.
- Preserve the product and any packaging, instructions, receipts and warranties. Do not dispose of the item unless a lawyer advises it is safe to do so.
- Take clear photographs of the product, the scene, injuries and any serial numbers or markings.
- Get witness details and short written statements if possible.
- Report the issue to the seller and to the appropriate regulator - for example, the Competition and Consumer Protection Commission and, where relevant, the Health and Safety Authority.
- Contact an experienced local solicitor as soon as possible for an initial assessment. Ask about likely time limits, evidence you must preserve, funding options and the solicitor's experience in product liability or personal injury cases.
- Keep a record of all communications, expenses and time off work related to the incident.
Early action protects legal rights, helps ensure important evidence is not lost, and increases the chance of a fair outcome whether by negotiation, mediation or court proceedings. If you need legal assistance, choose a solicitor with product-liability experience and discuss the case in detail so you understand likely outcomes, costs and the best path forward.
