Best Dangerous Product Lawyers in Passage West

About Dangerous Product Law in Passage West, Ireland

Dangerous product law deals with goods that are unsafe or defective and that cause injury, illness, or property damage. People in Passage West are protected by Irish statutes and by European Union rules that apply across Ireland. In broad terms, the law expects products placed on the Irish market to be safe, to carry accurate warnings and instructions, and to be traceable for recall if risks are found later. If a defective product causes harm, Irish law can provide compensation and other remedies.

This guide gives plain language information to help you understand your options. It is general information only and not legal advice for your specific situation.

Why You May Need a Lawyer

Product cases can be complex because several laws and technical issues may overlap. You may benefit from a lawyer if any of the following apply.

You or a family member suffered injury due to a household appliance, power tool, toy, furniture item, lithium battery, e-bike, scooter, cosmetic, medical device, or vehicle component that failed or was unsafe. You suffered property damage from a fire, leak, explosion, or electrical fault traced to a product. A child was injured by choking hazards, chemical exposure, or small parts from a toy. You bought a product online from outside the EU and are unsure who is responsible within Ireland or the EU. You received a recall notice and have questions about refunds, repairs, or whether a claim for injury is still possible. Your employer’s work equipment failed and you were injured, raising issues under both workplace safety and product liability law. An insurer is seeking to recover its payout from a manufacturer or retailer and you have been contacted as a witness.

A lawyer can help identify who is legally responsible, preserve evidence, engage suitable technical experts, navigate the Injuries Resolution Board process for personal injury claims, calculate heads of loss, and negotiate or litigate in the Circuit Court or High Court if needed.

Local Laws Overview

Liability for Defective Products Act 1991. This Act implements EU product liability rules. It creates strict liability for the producer when a defective product causes damage, meaning you do not have to prove negligence. You must prove three things: the product was defective, you suffered damage, and the defect caused the damage. A producer includes the manufacturer, an importer into the EU, a brand owner who presents as the producer, and in some cases a supplier if the producer cannot be identified within a reasonable time. Defect means the product did not provide the safety a person is generally entitled to expect, considering the product’s presentation, reasonable use, and the time it was put into circulation. Defences include that the defect did not exist when the product left the producer, misuse, and the development risks defence based on the state of scientific and technical knowledge at the time. There is a long-stop period that generally bars claims brought more than 10 years after the product was first put into circulation.

Consumer sales and quality rights. The Sale of Goods and Supply of Services Act 1980 and related consumer laws require goods to be of merchantable quality, fit for purpose, and as described. Your primary remedies against a retailer include repair, replacement, or refund where the product is defective. These contract rights apply even without injury. They sit alongside, not instead of, the separate right to claim compensation for injury or property damage caused by a defect.

Consumer Protection Act 2007. This law prohibits unfair commercial practices and empowers authorities to act against unsafe or misleading products and sellers.

General product safety and recalls. The EU General Product Safety Regulation EU 2023-988 applies in Ireland and strengthens safety rules for non-food consumer products, including obligations on manufacturers, importers, distributors, and online marketplaces. It requires risk assessments, traceability, effective recalls, and clear consumer notices. Market surveillance and customs checks operate under EU 2019-1020. Sector rules also apply to toys, electrical equipment, radio equipment, machinery, medical devices, cosmetics, motor vehicles, and food.

Time limits. Time limits are strict. Many personal injury claims in Ireland must be started within two years of the date of knowledge. The 1991 Act has a three year period for that type of claim, and there is also a 10 year long-stop from first placing the product on the market. Different rules can apply depending on how the claim is framed, so you should act quickly and get advice on the correct limitation period for your case.

Personal injuries procedure. Most personal injury claims other than medical negligence must first be submitted to the Injuries Resolution Board previously known as PIAB before court proceedings can be issued. Product injury claims usually go through this process. If assessment is not accepted, the Board issues an authorisation to proceed to court.

Courts and jurisdiction. The value of your claim determines the court. Lower value property only disputes can sometimes be handled in the Small Claims procedure, but personal injury claims are not handled there. Court monetary thresholds and procedure rules can change, so obtain up to date advice.

Frequently Asked Questions

What counts as a defective or dangerous product

A product is defective if it fails to provide the level of safety that the public is entitled to expect. The law looks at how the product was presented, instructions and warnings, what uses are reasonably expected, and when it was put on the market. A dangerous product might have a design flaw, a manufacturing error, inadequate warnings, or non-compliance with safety standards that creates risk.

Who can I claim against if I was injured

You can usually claim against the producer, which includes the manufacturer, an EU importer, or a brand owner, and sometimes a supplier if the producer cannot be identified after you ask. You may also have contract based rights against the retailer for repair, replacement, or refund.

Do I have to prove negligence

Under the Liability for Defective Products Act 1991 you do not have to prove negligence. You must prove defect, damage, and causation. You may also bring claims in negligence or for breach of contract where appropriate.

What damages can I recover

Compensation can cover pain and suffering, medical and rehabilitation costs, lost earnings and future loss, care and assistance, and property damage above a statutory threshold where the property was mainly for private use. Your solicitor can advise on the heads of loss that apply and on any thresholds or exclusions.

How long do I have to start a claim

There are strict limitation periods. Many personal injury claims must be started within two years of the date of knowledge. The 1991 Act allows three years for that specific cause of action, subject to a 10 year long-stop from when the product was first put into circulation. Because the correct period depends on the legal route taken, get advice promptly and do not wait.

What should I do right after an incident

Get medical help, then preserve the product and all parts, packaging, receipts, and instructions. Take photographs of the scene, the product, labels, and any damage. Note serial or batch numbers. Keep a diary of symptoms and expenses. Do not dispose of the product until a lawyer or expert confirms it is safe to do so. Notify the retailer or producer in writing and consider reporting to the authorities.

I bought the product online from a non EU seller. Do I still have rights

Yes. EU rules require that products sold to EU consumers have an EU based economic operator responsible for safety and compliance. If none is identified, enforcement and recovery can be more complex, but it may still be possible to pursue an EU importer, a fulfilment service provider, or the platform depending on the facts. A solicitor can help trace the correct party.

What if I misused the product

If you used the product in a way that was not reasonably foreseeable, that may reduce or defeat a claim. If your use was reasonably foreseeable and adequate warnings were missing or unclear, you may still recover. Contributory negligence can reduce compensation where both sides share responsibility.

Do recalls affect my right to compensation

No. A recall aims to remove risk from the market. You should follow recall instructions for repair, replacement, or refund. If you have suffered injury or qualifying property damage, you may still bring a claim for compensation even if a recall is in place or has been completed.

Do I need the original receipt

Receipts help, but claims can proceed with other proof such as bank statements, order confirmations, warranty cards, photographs, serial numbers, and witness statements. Keep everything you have and gather any available records from the seller.

Additional Resources

Competition and Consumer Protection Commission CCPC. National body for consumer rights, product safety alerts, and recalls. It can investigate unsafe products and coordinate recalls.

Injuries Resolution Board. Independent state body that assesses most personal injury claims in Ireland before court proceedings can issue.

Cork County Council and local services. Local authority that can direct you to relevant services for public safety or environmental concerns.

Health and Safety Authority HSA. Regulates workplace safety and certain equipment placed on the market for work use.

Health Products Regulatory Authority HPRA. Regulates medical devices, medicines, and related recalls and safety notices.

Food Safety Authority of Ireland FSAI and HSE Environmental Health Service. Oversee food safety issues and food product recalls.

Road Safety Authority RSA. Coordinates vehicle recalls and safety campaigns for motor vehicles and components.

National Standards Authority of Ireland NSAI. Provides standards and certification information relevant to product compliance.

Law Society of Ireland. Can help you find a solicitor experienced in product liability and personal injury.

Citizens Information. Offers plain language guidance on Irish consumer and legal rights.

Next Steps

Prioritise safety and medical care. Seek treatment and follow medical advice. Report the incident to your GP or hospital and keep copies of medical records and receipts.

Preserve the product and evidence. Store the product safely, including all parts, packaging, labels, instructions, and proof of purchase. Photograph the item and damage. Do not attempt repairs or destructive testing yourself.

Notify the seller or producer. Write to the retailer in Passage West or elsewhere and to the brand or manufacturer describing what happened, the product details, and your injuries or losses. Ask about any recall or corrective action. Keep copies of all correspondence.

Report safety concerns. Consider reporting the product to the CCPC or the appropriate sector regulator, especially if there is an ongoing risk to others.

Record your losses. Keep a log of symptoms, time off work, travel costs, medical bills, and any care provided by family or friends. Keep invoices for property repairs or replacements.

Get legal advice early. Time limits are strict. A solicitor can assess liability, advise on whether to submit to the Injuries Resolution Board, instruct suitable engineers or forensic experts, and value your claim. Bring all documents to your first consultation.

Consider insurance notifications. If a household fire or property loss occurred, notify your insurer promptly. Your insurer may later seek recovery from the responsible producer. Legal advice can help coordinate this with your personal claim.

Do not discard the product until advised. The product is central evidence. Your solicitor may arrange for independent expert examination to identify the defect and preserve chain of custody.

Plan for resolution. Many cases resolve through repair, replacement, or refund for the product plus a negotiated settlement for injury or damage. If settlement is not possible, your solicitor can issue proceedings in the appropriate court once authorisation is obtained where required.

This guide is for general information to help residents of Passage West and the wider Cork area understand their options. For tailored advice, consult a solicitor experienced in dangerous product and personal injury law as soon as possible.