Best Dangerous Product Lawyers in Passage West

About Dangerous Product Law in Passage West, Ireland

Dangerous product law in Ireland protects people when a defective or unsafe product causes injury, illness, or property damage. It applies in Passage West just as it does across the state. In many cases, liability is strict, which means you do not have to prove negligence. Instead, you show that the product was defective, that it caused the damage, and the amount of your loss. Typical cases involve faulty household appliances, unsafe toys, contaminated cosmetics, defective vehicle parts, harmful medical devices, power tools without proper guarding, or products sold with inadequate instructions or warnings.

If you were injured by a product, you may have parallel options. You can seek a refund, repair, or replacement from the seller under consumer law. You can also bring a legal claim for compensation against responsible parties such as the manufacturer, importer, or retailer. Product safety rules are largely set at EU level and enforced nationally by Irish regulators. Local courts serving County Cork handle these cases, and many personal injury claims must first be submitted to the Personal Injuries Assessment Board, known as PIAB.

Why You May Need a Lawyer

You may need a solicitor if you or your child were injured by a product, if a fire or flood from a defective appliance damaged your home, if a medicine or medical device caused harm, or if you are facing pushback from a retailer or insurer on a valid claim. A lawyer helps you preserve and examine the product, identify the correct defendants within the supply chain, instruct suitable experts, value your claim under the Personal Injuries Guidelines, and manage strict time limits. Cross border issues are common with online purchases and can complicate jurisdiction, evidence, and service of proceedings. A solicitor can also advise on whether your case should go through PIAB, whether it falls into an exception, and how best to approach settlement or litigation.

Local Laws Overview

Liability for Defective Products Act 1991. This Act implements EU strict liability for defective products. You must prove defect, damage, and causation. You do not have to prove negligence. Producers are broadly defined and include manufacturers, own branders, importers into the EU, and in some cases suppliers who cannot identify the producer promptly. Recoverable damage includes death, personal injury, and certain property damage to privately used items, subject to a small monetary threshold. There is a 3 year limitation from the date you became aware of the damage, defect, and identity of the producer, and a 10 year long stop from when the product was put into circulation. Defences include that the defect did not exist when the product left the producer, compliance with mandatory regulations, and the development risks defence where the state of scientific knowledge at the time did not allow discovery of the defect.

Consumer Rights Act 2022. For consumer purchases, you have strong rights against the seller for products that are not of merchantable quality, fit for purpose, or as described. Primary remedies are repair or replacement within a reasonable time without cost or significant inconvenience. If that fails, you may seek a price reduction or refund. These rights exist regardless of any manufacturer warranty and sit alongside any damages claim you might bring against a producer under the 1991 Act.

EU General Product Safety Regulation 2023 988. This modern EU regulation is directly applicable in Ireland. It requires products to be safe, strengthens online marketplace duties, mandates an EU based responsible person for many products sold to EU consumers, and improves recall and consumer notification practices. Businesses face reporting duties and enforcement by Irish regulators.

PIAB process. Most personal injury claims, including many product injury cases, must be submitted to PIAB before court proceedings. Medical negligence is generally excluded. PIAB gathers medical reports and values claims based on the Judicial Council Personal Injuries Guidelines. If either side rejects the assessment, PIAB issues an authorisation to proceed to court.

Courts and procedure. Personal injury actions can be taken in the District, Circuit, or High Court depending on value. For County Cork residents, the Cork Circuit Court is often the venue. Personal injury actions require an early letter of claim. Evidence preservation is critical. Destroying or altering the product can seriously undermine the case.

Time limits. For personal injury from a product, the general limit is 2 years from the date of knowledge under the Statute of Limitations, running from when you knew you were injured, that the injury was significant, and the identity of a wrongdoer. The 1991 Act also has its own 3 year knowledge based limit and a 10 year long stop. Fatal injury claims generally have a 2 year limit. Separate time limits may apply to pure property damage and contract claims. Time for minors usually runs from age 18.

Damages. You can claim general damages for pain and suffering as guided by the Judicial Council Personal Injuries Guidelines, plus special damages such as medical expenses, rehabilitation, care, travel, lost income, and property repair or replacement. Punitive or exemplary damages are uncommon.

Regulators and standards. The Competition and Consumer Protection Commission leads on general product safety and recalls. The Health Products Regulatory Authority oversees medicines and medical devices. The Health and Safety Authority enforces workplace product safety and chemicals rules. The National Standards Authority of Ireland handles standards and certification. The Food Safety Authority of Ireland oversees food and related products. Vehicle and road equipment safety involves the Road Safety Authority.

Frequently Asked Questions

What counts as a defective or dangerous product in Irish law

A product is defective if it does not provide the safety that a person is entitled to expect, taking all circumstances into account, including how it was marketed, instructions and warnings, the use that could reasonably be expected, and when it was put into circulation. Danger can arise from design, manufacturing errors, contamination, inadequate warnings, or poor instructions.

Who can I hold responsible for my injury or loss

Possible defendants include the manufacturer, a company that puts its name or brand on the product, the EU importer, and in some cases the retailer or supplier if the producer cannot be identified in a reasonable time. Retailers are also responsible to consumers under the Consumer Rights Act 2022 for repair, replacement, or refund.

Do I need to prove negligence to win a product liability claim

Not necessarily. Under the Liability for Defective Products Act 1991, liability is strict. You must prove defect, damage, and that the defect caused the damage. In some cases you may also have negligence or contract claims, but strict liability is often the simplest route.

What should I do immediately after an injury caused by a product

Get medical care. Preserve the product, packaging, receipts, and instructions. Do not repair, modify, or dispose of the item. Photograph the scene and injuries. Record serial numbers and batch codes. Keep a diary of symptoms and expenses. Report the incident to the seller and consider reporting to the relevant regulator. Speak to a solicitor before handing the product to anyone for testing so that chain of custody is protected.

What are the time limits to bring a claim

For personal injuries, the general limit is 2 years from the date of knowledge. The 1991 Act provides a 3 year knowledge based limit and a 10 year long stop from when the product was first put into circulation. Fatal injury claims usually have a 2 year limit. Different limits may apply to property only or contract claims. Time limits for minors usually start at age 18. Because calculating time can be complex, get legal advice promptly.

Do I have to apply to PIAB before going to court

Most personal injury claims must go through PIAB first, including many product injury cases. PIAB generally does not assess medical negligence. If PIAB makes an assessment and either party rejects it, PIAB issues an authorisation allowing you to issue court proceedings.

Can I claim if I bought the product online or second hand

Yes, but who you can claim against depends on the supply chain. If you bought from a trader in Ireland or the EU, you have consumer rights against the seller. Under product liability rules, an EU based producer or importer can be liable. For non EU sellers, the law increasingly requires an EU responsible person for products sold to EU consumers. Second hand goods can still give rise to claims, but expectations of safety and available remedies may be narrower depending on the circumstances.

What compensation can I recover

You can seek general damages for pain and suffering, special damages for medical costs, rehabilitation, care, travel, and loss of earnings, and compensation for qualifying property damage to privately used items. You cannot usually recover for the cost of the defective product itself under the strict liability regime, but consumer law may provide repair, replacement, or refund against the seller.

What if I misused the product or did not read the instructions

If misuse was not reasonably foreseeable, your claim may fail. If your conduct contributed to the injury, compensation can be reduced for contributory negligence. Clear warnings and proper instructions matter, but a producer cannot avoid liability simply by including broad disclaimers where risks could reasonably have been designed out.

How much will a lawyer cost and can fees be a percentage of my award

In Ireland, percentage based contingency fees for contentious business are not permitted. Before work begins, a solicitor must provide a written notice setting out the basis of legal costs. Ask about all likely fees, outlays for experts, and how fees will be handled if the case does not succeed. You may have legal expenses insurance under a home or motor policy, so check your policies.

Additional Resources

Competition and Consumer Protection Commission. The national body for general product safety, market surveillance, and consumer enforcement. Handles product recalls and safety alerts.

Health Products Regulatory Authority. Regulates medicines, medical devices, and certain cosmetics. Handles vigilance and safety issues for health products.

Health and Safety Authority. Enforces workplace safety, machinery safety, and chemicals legislation including REACH and CLP. Useful where work equipment or chemicals cause harm.

National Standards Authority of Ireland. Develops standards and manages certification and CE marking conformity assessment in various sectors.

Food Safety Authority of Ireland. Oversees food, food contact materials, and related product safety.

Road Safety Authority. Involved in vehicle and component safety issues and recall information.

Personal Injuries Assessment Board. The statutory body that assesses most personal injury claims prior to litigation.

Citizens Information. Provides general guidance on consumer rights and court processes for members of the public.

Courts Service of Ireland. Provides information on District, Circuit, and High Court procedures, including small claims for low value consumer disputes.

Next Steps

Seek medical attention and follow clinical advice. Your health comes first and medical records are important evidence.

Preserve the product and all related materials. Store the item safely and do not alter it. Keep packaging, receipts, manuals, and any photographs or videos.

Document everything. Write down what happened, dates, symptoms, and expenses. Keep a log of communications with sellers, insurers, and regulators.

Notify the seller in writing. Describe the issue and your losses. Ask for their incident and insurance details. Keep copies of all correspondence.

Report safety concerns to the appropriate regulator. For most consumer products contact the Competition and Consumer Protection Commission. For medicines and medical devices contact the Health Products Regulatory Authority. For workplace equipment incidents notify the Health and Safety Authority.

Check for recalls or safety alerts. If a recall exists, follow the instructions but try to arrange independent inspection before surrendering the only evidence. A solicitor can help balance safety and evidence preservation.

Consult a solicitor experienced in product liability. A Cork based practitioner can advise on liability, evidence, experts, PIAB, and court venues appropriate for Passage West residents.

Mind the time limits. Do not delay. Your solicitor can stop the clock by submitting a PIAB application where required and issuing protective proceedings if necessary.

Consider parallel consumer remedies. Pursue repair, replacement, or refund from the retailer while your injury or damage claim is assessed. Keep records of any outcomes.

Review funding and insurance. Ask your solicitor for a written costs notice and check any legal expenses cover you may have under existing policies.