Product Liability Claims

The team here at McCarthy + Co Solicitors LLP has a strong track record in bringing product liability claims. These types of cases are managed by our lead personal injury solicitor, Liam Crowley, who has handled many complex High Court actions.

Product liability claims are governed principally by the Liability for Defective Products Act 1991, which implements European product liability rules in Irish law. Under that Act, liability is strict, which means that if you can show a product was defective and that the defect caused your injury, you do not have to prove that the manufacturer or supplier was negligent.

A product is treated as defective if it does not provide the safety that a person is generally entitled to expect, taking account of all the circumstances, including the way the product was presented, the use to which it could reasonably be put, and the time it was supplied.

Types of product liability claims we handle

We act for people injured by a wide range of defective products, including:

• everyday consumer goods, such as electrical items, appliances, tools, and machinery that fail to operate safely in normal use;
• products with a design or manufacturing defect that makes them dangerous;
• products that lack adequate warnings or instructions about how to use them safely;
• defective medical devices and implants, such as prosthetics or surgical devices; and
• equipment used in the workplace or at home that causes injury because of a defect.

Injuries from defective products range from minor cuts and burns to serious, long-term harm. We assess the facts, explain how the law applies to your situation, and guide you through the claim. You can arrange a time to speak with a solicitor here using our confidential online form.

What you must prove

To succeed under the 1991 Act, you must establish three things: that the product was defective; that you suffered damage; and that the defect caused that damage. What you do not have to prove is fault. Unlike an ordinary negligence claim, you do not need to show that the producer failed to take reasonable care, which is what makes this a strict liability regime, and often makes these claims more straightforward to establish, provided the defect and its link to your injury can be shown. Expert evidence is frequently needed to demonstrate the defect, so preserving the product itself, unaltered, is very important.

Who can be held responsible?

The Act allows a claim against the ‘producer’ of the product, a term that is wider than just the manufacturer. It can include:

• the manufacturer of the finished product, or of a component or raw material within it;
• a business that puts its own name or trademark on the product, presenting itself as the producer;
• a person who imports the product into the European Union in order to supply it in the course of business; and
• a supplier, such as a retailer, where the injured person cannot identify the producer and the supplier fails to identify them within a reasonable time.

Identifying the correct party, sometimes more than one, is an important early step, and one we can assist you with.

What compensation covers

A claim under the 1991 Act can cover death and personal injury, and damage to private property other than the defective product itself, above a minimum threshold. As with other injury claims, compensation for the injury is assessed by reference to the Personal Injuries Guidelines, and you can also recover financial losses, such as medical expenses and loss of earnings. The Act does not cover damage to the defective product itself, or a simple drop in quality where there is no injury or property damage, though other laws, such as consumer and contract law, may assist in those situations.

Time limits for product liability claims

Product liability has its own time limits, which differ from those in an ordinary personal injury claim. A claim under the 1991 Act must generally be brought within three years, usually running from the date you became aware of the damage, the defect, and the identity of the producer. Separately, there is a ten-year ‘long-stop’: a strict product liability claim generally cannot be brought more than ten years after the product was first put into circulation, even if the defect comes to light later. Because a claim may also be possible through negligence, which can carry a different, and often shorter, limitation period, it is important to take advice early so that the right route and deadline are identified.

How the law is changing

Product liability law is about to undergo its most significant change in decades. A revised European Product Liability Directive, Directive (EU) 2024/2853, was adopted in 2024 and must be brought into Irish law by 9 December 2026. It will apply to products placed on the market, or put into service, after that date, while products supplied before then will remain governed by the Liability for Defective Products Act 1991. In other words, both regimes will operate side by side for some years.

The new rules are designed for the modern, digital economy, and, broadly, they favour injured consumers. Among the changes, the definition of a ‘product’ is widened to include software, artificial intelligence systems, and digital files; a wider range of businesses in the supply chain can be held liable; the types of recoverable loss are broadened, to include, for example, certain psychological injuries and the loss or corruption of data; and, importantly, the burden of proof is eased for claimants in technically complex cases, with courts able to order the disclosure of evidence and to presume a defect in certain circumstances. We are following the introduction of these rules closely, and can advise on which regime applies to your situation.

Other legal routes

Depending on the circumstances, a defective or unsafe product may also give rise to a claim outside the 1991 Act. These include a negligence claim, where fault must generally be shown; a claim under the Consumer Rights Act 2022, where goods bought by a consumer are faulty or not as described; and rights connected to general product safety, now governed by the EU General Product Safety Regulation and given effect in Ireland by the European Union (General Product Safety) Regulations 2024. We can advise on whether any of these applies alongside, or instead of, a product liability claim.