If a product you purchased turned out to be defective, you may be entitled to faulty goods compensation. This can mean a refund or replacement from the retailer, and if the product injured you or damaged your property, a compensation claim against the manufacturer too. This page explains both routes under the law as it applies in Scotland, and how Thompsons can help if a faulty product has caused you harm.
What counts as faulty or defective goods?
A defective item is a product that is not of satisfactory quality, not fit for its purpose, or not as described and advertised. It also covers products that are unsafe because of a manufacturing defect, a design flaw or inadequate warnings and instructions.
In practice, this covers a huge range of everyday purchases. Examples include an electric heater that catches fire, a car with a braking fault, a child's toy with small parts that break off, a washing machine that leaks and ruins your flooring, or a medical device that fails after implantation. Some faults are irritating and cost you the price of the product while others cause burns, cuts, electric shocks or worse.
A faulty goods compensation claim can cover:
- Your money back from the retailer.
- Compensation for losses the fault caused, including personal injury.
Below, we go into further detail regarding all of the above.
Your consumer rights when goods are faulty
You are legally entitled to a full refund on faulty goods if you reject them within 30 days of purchase. The Consumer Rights Act 2015 applies in Scotland and gives you this short-term right to reject any product that is not of satisfactory quality, not fit for purpose or not as described.
After 30 days, you lose the automatic right to a refund but not your rights altogether. You can require the retailer to repair or replace the item. If that repair or replacement fails, or cannot be done within a reasonable time, you can then claim a refund or a price reduction. Within the first six months, the law assumes the fault was present when you bought the product, so it is for the retailer to prove otherwise.
Your claim is against the retailer, not the manufacturer. The shop that sold you the goods is the one that must put things right, however much it might prefer to point you towards a warranty helpline. Goods bought online or by phone carry an extra protection: a 14-day cancellation period for most purchases, whether or not anything is wrong with them.
A retailer can refuse a refund in some circumstances. If you simply changed your mind about an in-store purchase, if you caused the damage yourself, if you knew about the fault when you bought the item, or if fair wear and tear is the real problem, there is no entitlement. Misuse of the product falls in the same category.
If a company will not give you a refund you are due, put your complaint in writing, cite the Consumer Rights Act, and keep copies. If the retailer still refuses, you can raise a claim through the simple procedure in the sheriff court for disputes up to £5,000. Paying by credit card gives you another route, because the card provider shares liability for purchases over £100 under section 75 of the Consumer Credit Act.
Claiming compensation when a faulty product causes injury
A refund covers the price of the product. It does nothing for the burn from the exploding e-cigarette battery or the weeks off work after a garden ladder collapsed. Where a defective product injures someone, the injured person can claim compensation for the injury itself and for its financial consequences.
The Consumer Protection Act 1987 makes producers liable for damage caused by unsafe products, and you do not need to prove the manufacturer was careless. You need to show the product was defective and that the defect caused your injury. A fault-based negligence claim is available as an alternative where, for example, the product falls outside the Act.
You do not need to be the person who bought the product. If your child was hurt by a toy a relative gave them, or you were injured by an appliance in someone else's home, a claim is still open to you.
Thompsons acts only for injured claimants and never for employers or insurers. When we take on a faulty product claim, we are on one side only. Yours.
Who is responsible for a faulty product?
Several parties can be liable, depending on how the product reached you:
- The manufacturer or producer of the product or a component within it
- The importer, where the product was brought into the UK from abroad
- An own-brand retailer that puts its name on goods made by someone else
- The seller, for contract-based losses such as the price of the goods and damage they caused
Identifying the right defender is part of a solicitor's job. We examine the product, its labelling and packaging, the supply chain and any safety notices, then direct the claim at the party the law holds responsible. Sometimes that is more than one.
A product recall does not remove your right to claim. A recall may help prove the product was defective, but it does not undo harm already caused, and manufacturers remain liable for injuries the fault produced before or after the recall notice went out.
How much compensation could you receive?
No two awards are the same, and any figure quoted before your circumstances are assessed would be a guess. A faulty goods compensation award can include:
- The injury itself and its effect on your daily life
- Medical treatment and rehabilitation costs
- Lost earnings, past and future
- The value of care provided by family members
- Damaged property, such as flooring destroyed by a leaking appliance
- Out-of-pocket expenses like travel to appointments and prescriptions
The amount depends on the severity of the injury and the losses you incurred. A well-documented claim recovers more, which is why the next section matters.
What to do if a faulty product injures you
If you receive defective goods, report the fault to the retailer in writing for a refund, repair or replacement, and seek legal advice about a compensation claim if the product caused injury or damage. Those are the two routes, and you can pursue both at once.
Before you do anything else make sure to get medical attention and keep the records, and if possible, do the following:
- keep the product and its packaging exactly as they were after the failure; do not throw it away or attempt a repair
- keep your proof of purchase, whether a receipt, bank statement or order confirmation
- photograph the defect and your injuries
- note any recall or safety notice relating to the product
- record the names and contact details of anyone who saw what happened
- keep receipts for every expense the incident causes
The product itself is often the single most important piece of evidence. Hand it to the retailer only if you have photographed it thoroughly first and, ideally, taken advice.
Time limits for a faulty goods compensation claim
Under Scots law, a personal injury claim must generally be raised within three years of the date of the injury, or of the date you became aware the product caused it. Different rules apply to children, whose three-year period does not begin until their sixteenth birthday.
Product liability claims under the Consumer Protection Act are also subject to a ten-year long-stop from the date the product was supplied, after which no claim can be brought, regardless of when the injury emerged.
Do not wait until a deadline is close as products get thrown out, receipts fade and witnesses can move on. The earlier you contact a solicitor, the easier the evidence is to preserve.
No win no fee faulty goods claims with Thompsons
We run faulty product claims on a no win no fee basis. There is no upfront cost, and if your claim does not succeed you pay nothing. If it does succeed, a success fee capped at no more than 20% of your damages is deducted, so you always keep the substantial majority of your award and you know the maximum deduction from the start.
Thompsons acts only for claimants. Thompson's win more than 90% of the cases we take on and recover £1 million every week for clients across Scotland.
Start your faulty goods compensation claim today
Call us on 0800 0891 331 for a free, no-obligation chat about your claim, or complete our online enquiry form and we will call you back. The first conversation costs nothing. A solicitor will listen to what happened, tell you honestly whether you have a claim, and explain what happens next. If a faulty product has injured you or someone in your family, get in touch today.
