Saracens Blog

“Hair Dye or Hair Die…”

Hair Dye or Hair Die?

What to do if you are injured by a defective product

Our guide to making a Personal Injury claim

I confess – I am guilty – Just as guilty as those of us who take a perverse and slightly voyeuristic interest in articles or shows on television about people who have been injured in freak accidents.

Watching these types of horrific accidents can be comforting in that the possibility of suffering such an accident is so remote that we can watch safe in the knowledge that it would never happen to us. .

It seems all the more interesting when the items that cause injury are products that we all use – an everyday product – then we all want to know about it because we all use these products and the personal risk to us appears to be a very real one – something I like to call the “it could have been me” syndrome.

Weblinks:

http://www.dailymail.co.uk/news/article-1223746/Woman-suffers-horrendous-burns-reaction-Boots-hair-dye.html

http://www.itv.com/news/2013-03-15/a-million-potentially-unsafe-electricals-could-be-in-uk-homes/

Human beings enjoy an innate level of trust. Every day, millions of us buy goods, appliances and products, trusting that what we pick up from shop shelves and online are not defective. I know I do the same and generally there are no problems with the items bought. We tend not to question or even think twice about the hidden dangers lurking amongst the everyday items we use.

Below, I will discuss what you should do if you find that you have been injured by a defective or faulty product.

Who is responsible?

Thankfully, we do enjoy legal rights that will protect us if we are injured by defective products. The good news is that you can make a claim for compensation and damages for the injuries, pain and suffering you have suffered as well as other losses such as lost earnings or the cost of someone having to take care of you if you have been off sick from work or need specialist care at home as a result of the injury

Defective Sign

Who is responsible?

If you find yourself in the unfortunate situation of having been injured by a defective product, you can claim against either:

A)   The producer (i.e. the manufacturers of the products)

B)   The retailer (the shops that sells the goods) and

C)   An online business that may have made certain misrepresentations or even manufactured the faulty goods wrongly.

So what do you do if it happens to you?

  1. First and foremost, you need to make sure that you seek immediate medical treatment and advice. This may involve going to the accident and emergency department of your local hospital or popping into your local walk in clinic or visiting your G.P. Remember, your safety is paramount. Make sure you tell them the cause of the injury as far as you are aware and also explain the full extent of your injuries.

It may be that certain symptoms do not arise until sometime after your use of the product. Therefore it may be necessary for you to make a repeat visit to the medical facility. Don’t be afraid to do so. It is very important that the full extent of your injuries are documented by medical professionals as this will make it easier for you to make a claim further down the line.

  1. Make a note of when and where you purchased the product. If possible, please retain the receipt or proof of purchase. When you come to see us, you should be able to tell us where it is that you purchased the item.
  2.  You should always consider whether the specific product contains safety information on it. Does it say for example in the case of a hair dye, to undertake a patch test or to not use if you have a sensitivity or allergy?  Many times it will do, however care needs to always be taken to preserve the product itself and the packaging of the item in case an expert lab analysis needs to be undertaken to establish whether there was some other inherent defect in the product itself.
  3. You may want to complain to your local trading standards office – Most companies and manufacturers have product liability insurance that may cover damages for your injuries and the legal cost of obtaining compensation.
  4. If you have any scars or burns, we recommend you also take photographic evidence of the injury and or the product/packaging.
  5. Retain contact with any witnesses so that you/your lawyers can get a statement from anyone who may have witnessed your injury.
  6. Contact a specialist Personal Injury lawyer (like myself).

You may be thinking to yourself whether all of this is necessary? After all, we should all be able to confidently rely on the fact that the products we use are safe. But this is not always the case and often you will need to turn to a specialist lawyer to guide you if you have been injured by a defective product.

Defective by Design

Injured by a defective product

The law in this area can be complicated and who you decide to make a claim against and how much compensation you will receive is something that a good lawyer will be able to assist you with.

Often, if it is proven that a product is defective and caused your injury, the courts in the U.K will adopt a strict liability approach unless it can be shown that the defect could not have been known at the time.

I have been a personal injury lawyer for some 15 years but I am still amazed by the sheer number of people who are injured by defective products and worse still, some of bizarre and often very serious injuries that  can follow. Over the years I have conducted hundreds of product liability claims and helped thousands of people and their families achieve compensation after being injured. Whilst the compensation will not change what has happened, it certainly helps to make up for the anguish suffered and get you bcak on the road to recovery.

My work requires a knowledge of consumer law, the law relating to strict product liability and negligence as well as understanding how to get you the maximum award of damages you are entitled to.

Ultimately, our aim here at Saracens is to ensure that you are happy and that you achieve the maximum award of compensation. If you are injured by a defective product or one that is faulty, call me or come to see me as soon as you can, as any delay may mean that you could be losing out.

 

Personal Injury – Saracens Solicitors


15 Responses to ““Hair Dye or Hair Die…””
  1. Alisha
    05.29.2013

    I purchased a hair colourant ( L’Oréal Paris) last week.
    I followed the instructions but unfortunately the colour did not turn out as advertised.
    I also feel nauseous after using it.
    What should I do?

    • Minal Popat
      06.16.2013

      Dear Alisha, I am sorry to hear you had problems with your hair dye. Usually, the packaging will state if there are possible issues with colour variations, depending on your hair type or natural hair colour. If however the colour is drastically different to that advertised on the box, I would recommend you send a short letter of complaint to L’Oreal about the effect of using the product. If you have a photo of how the hair colour has turned out, send this with full details of the colour you purchased. Sometimes the chemicals in the product itself can cause irritation. You should see your GP if the nausea continues and make reference to this in your letter of complaint. If you require any further advice, feel free to contact me at Saracens and by email on mpopat@saracenssolicitors.co.uk

  2. Ghazini
    05.29.2013

    We bought one electric kettle from Harrods and when we got home, it was shocking the way it puffed out hot water. Instead of smooth flowing out, it gurgle and spit randomly causing our hands to suffer slight burning sensations. We cannot put up with this anymore! 3 days through using this and it still not flowing smoothly. It is dangerous. Please advice.

    • Minal Popat
      06.16.2013

      Dear Ghazini,
      I am sorry to learn about the issues with the new electric kettle. Kettles are usually designed to comply with certain British and European safety standards (BSI). If the kettle is puffing out hot water as you have described, and you have not filled it over the maximum water limit shown on the kettle, it’s possible that the kettle is defective. Accordingly a letter of claim should be sent to the manufacturers and / or the retailers. You should also visit your GP if the burning sensations have left any scars or caused any pigmentation issues. If you would like to pursue the complaint or take matters further, please email me on mpopat@saracenssolicitors.co.uk

  3. zachary
    05.29.2013

    can i sue if my head keep banging the roof when i try to get out? i hate my ford fiesta. it is less than 2 weeks old. not even my partner want to drive it. it does not feel as comfortable as the test car. everytime anyone wanting to get out have to be so careful not to hit their head! any answers?

    • Minal Popat
      06.16.2013

      Thank you for your enquiry. Before you purchased the Ford Fiesta, I assume that in addition to a test drive, you would have tried it out for head room and space. If a vehicle is of a certain style, dimension and design, this would not necessarily mean that it is a defective design unless the particular vehicle you have purchased, does not meet the actual dimensions and specifications of the vehicle your ordered. If this is the case, you need to go back to the showroom/garage to query this.

  4. Ms Ashley
    05.30.2013

    How much compensation may I get? My brand new toaster leaks electricity even when it is in off position. Do I write a letter to Lakeland Digital or to the retailer who sold me? My right index finger has slight burnt marks.

    • Minal Popat
      06.16.2013

      Dear Ashley, thank you for your enquiry. It is concerning to hear that your toaster leaks electricity. This could be due to a fault at your mains socket or possibly the wiring or the internal mechanics of the toaster. You may want to first rule out any mains problems just for safety sake. If it is due to the toaster being faulty you will need to make a complaint to the retailers first followed by a letter of claim seeking compensation for your injuries. Without seeing photographic evidence of the burns and medical evidence, it is difficult for me to advise you how much you could get. If you require me to look into this for you , please contact me by email on mpopat@saracenssolicitors.co.uk

  5. Llewelyn
    05.31.2013

    hi, i like to ask you if it is under small claims court in my situation?

    My new tv almost electrocuted my son badly as I was hooking up the connections at the rear panel. He was shocked and did not want any further to do with the tv.

    It is the red and white connector type.

    I called Maplin Elec and was told to bring back to the tv distributor service centre and not to the shop.

    What is the right thing to do?

  6. Generate Test
    05.31.2013

    This is a test comment

    • Generate UK Test
      05.31.2013

      Please ignore this comment

      • SaracensSolicitors
        06.03.2013

        Test

  7. sienna
    06.05.2013

    i used a very expensive hair dye and it made my hair dry and very fuzzy. it got so bad and I ended paying a hair stylist to repair the damage.
    What is the right course of action under the circumstances? I still kept the receipt.

    is there anybody replying? or will someone call us?

  8. Sore Finger
    09.10.2013

    Evening,
    I recently sliced my finger on the top of a supermarket own brand mop which became exposed due to a fault in the design. The top plastic covering slipped off whilst using the mop.
    I had to visit the Accident and Emergency dept for skin closures a week after the incident as it would not stop bleeding. Today I have had to make an appt with the Dr as the wound is not infected and needing further treatment.
    Can you please advise how I go about possibly taking this further with the supermarket.
    Many thanks in advance

    • Minal Popat
      09.12.2013

      I am sorry to hear about your injury. The Supermarket have a duty of care towards you to ensure that there are no dangers or obstructions to cause an injury to its customers. It appears that you may have a claim against the Supermarket. Please write to me on mpopat@saracenssolicitors.co.uk and I will be happy to discuss your options with you further.


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