If you have been injured by a product that turned out to be unsafe or faulty, you may be entitled to claim compensation. Product liability law in Ireland protects consumers who suffer harm because of a defective product, whether it was poorly designed, badly manufactured, or sold without proper safety warnings.
Tiernan & Co. Solicitors can help you understand your rights and guide you through the claims process.
The basics
When an unsafe or defective product may give rise to a claim
A product liability claim may arise when a product causes injury or damage because it was not as safe as a reasonable person would expect it to be. This does not mean a product has to be perfect, but it does have to meet a basic standard of safety.
Under Irish law, a product is considered defective if it fails to provide the level of safety that a person is generally entitled to expect. Several factors are taken into account when deciding this, including how the product was presented (for example, any warnings, labels, or instructions provided), the uses to which the product could reasonably be put, and the time at which the product was first placed on the market.
It is worth noting that a product is not automatically defective simply because a newer or improved version has since become available. The standard is based on what was reasonably expected at the time the product was sold or supplied.
If a product failed in normal use and caused physical injury, illness, or damage to your property, there may be grounds for a claim. You do not necessarily need to be the person who purchased the product. If someone else bought it and you were injured while using it as intended, you may still have a valid claim. If you are unsure whether your situation qualifies, it is worth speaking with a solicitor who can assess the facts.
The law
The legal framework for product liability claims in Ireland
Product liability in Ireland is governed by a combination of statute, common law (negligence), and contract law. The most significant piece of legislation is the Liability for Defective Products Act 1991, which introduced the principle of strict liability into Irish law.
Strict liability means that a person injured by a defective product does not have to prove that the manufacturer or producer was negligent. Instead, it is enough to show that the product was defective, that you suffered damage, and that the defect caused that damage. This is a major advantage for injured consumers because proving exactly what went wrong during the manufacturing or design process can otherwise be very difficult.
The 1991 Act gives effect to EU Directive 85/374/EEC on liability for defective products and applies to all products placed on the Irish market, including manufactured goods, component parts, raw materials, and processed agricultural products. The Act was amended in 2000 to extend the definition of products to include primary agricultural products and game.
Under the Act, a producer is broadly defined. It includes anyone who manufactured the finished product, a component part, or a raw material used in the product. It also includes any person who, by putting their name, trade mark, or other distinguishing feature on the product, presented themselves as the producer. Importantly, any person who imported the product into the European Union for sale or supply in the course of business may also be treated as the producer.
If the producer cannot be identified, the supplier of the product (such as a retailer or distributor) may be treated as the producer unless they can identify the actual producer or the person who supplied the product to them within a reasonable time.
The 1991 Act operates alongside, rather than replacing, existing remedies in negligence and contract law. This means an injured person may have more than one legal route available when pursuing a claim.
Liability
Who may be responsible after an injury caused by a defective product
Establishing who is legally responsible is an important part of any defective product claim. Depending on the circumstances, more than one party in the supply chain may bear responsibility for the harm caused. The following outlines the main categories of parties who may be held liable.
Manufacturers, importers, and own-brand suppliers: The manufacturer of the finished product is usually the first party considered. However, liability can also extend to the manufacturer of a component part or raw material that contributed to the defect. Where a product was imported into the EU for commercial purposes, the importer may be treated as the producer under the 1991 Act. Similarly, if a business placed its own brand name or logo on a product, it may be treated as though it were the producer, even if it did not physically manufacture the item.
Distributors and retailers in some circumstances: A distributor or retailer is not automatically liable under the 1991 Act. However, if the actual producer or importer cannot be identified, a supplier may become liable unless it can identify who supplied the product to it. A retailer may also face liability under contract law or negligence if, for example, it sold a product it knew or ought to have known was unsafe.
When more than one party may be relevant: In many cases, a defective product passes through several hands before reaching the consumer. Where the defect arose at any stage of the design, manufacturing, assembly, or supply process, more than one party could share responsibility. Irish law allows claims to be brought against multiple defendants where appropriate, and each party’s contribution to the damage can be assessed.
Evidence
What makes a defective product claim stronger
The strength of a product liability claim often depends on the evidence available. Gathering and preserving relevant material from an early stage can make a significant difference to the outcome of a claim. The following types of evidence tend to be particularly important.
The product, packaging, instructions, and labels: The defective product itself is often the single most important piece of evidence. If it is safe to do so, you should keep the product in the condition it was in when the incident occurred. Packaging, user manuals, and safety labels can all help demonstrate what the consumer was told about how to use the product and what warnings were provided.
Photographs of the defect, damage, and visible injury: Clear photographs taken as soon as possible after the incident can capture details that might otherwise be lost. This includes images of the faulty part of the product, any damage to property, and any visible injuries you sustained.
Medical records and proof of treatment: Medical evidence linking your injuries to the defective product is essential. Attend your GP or hospital as soon as possible, and make sure the cause of the injury is clearly recorded in your medical notes. Ongoing treatment records, specialist referrals, and rehabilitation notes all contribute to the overall picture of your claim.
Receipts, bank statements, and other proof of purchase: Documentation showing when, where, and how the product was purchased helps establish the chain of supply. This can include receipts, online order confirmations, bank or credit card statements, and delivery records.
Product recall notices, safety alerts, and complaint records: If the product was the subject of a recall or safety warning, this can support your claim by showing that the defect was recognised. Records of complaints made to the retailer, manufacturer, or the Competition and Consumer Protection Commission (CCPC) may also be relevant.
After an injury
What to do after an injury caused by a defective product
If you have been injured by a product you believe was defective, taking the right steps early on can protect both your health and your legal position. The following actions are recommended.
1
Get medical attention and make sure the injury is recorded
Your health comes first. Visit your GP, attend a hospital emergency department, or call an ambulance if needed. Make sure the treating doctor records how the injury happened and which product was involved. This medical record becomes an important part of any future claim.
2
Stop using the product and keep it in its current condition if possible
Do not attempt to repair, alter, or dispose of the product. If it is safe to do so, store the product exactly as it was when the incident occurred. This preserves evidence that may be needed to establish the defect.
3
Preserve packaging, instructions, and purchase records
Keep any boxes, packaging, instruction manuals, warranty cards, and receipts associated with the product. These may be needed to trace the product, identify the manufacturer or supplier, and confirm the date of purchase.
4
Check whether the product has been recalled or flagged as unsafe
Search the CCPC’s product recall database and the EU’s Safety Gate system to see if other consumers have reported problems with the same product. A recall does not prove your claim on its own, but it can be a useful piece of supporting evidence.
5
Record when, where, and how the product failed
Write down the date, time, and location of the incident as soon as you can. Note exactly what you were doing when the product failed and describe the failure in as much detail as possible. If there were witnesses, take their names and contact details.
Regulation
How product safety is ensured in Ireland
Product safety in Ireland is regulated through a combination of Irish and EU legislation. The European Union (General Product Safety) Regulations 2024, which transpose EU Regulation 2023/988, impose obligations on manufacturers, importers, and distributors to ensure that only safe products are placed on the Irish market.
The Competition and Consumer Protection Commission (CCPC) is the national authority responsible for monitoring and enforcing product safety standards for non-food consumer products in Ireland. The CCPC’s responsibilities include inspecting products to check compliance with safety regulations, investigating consumer complaints about unsafe products, monitoring and processing product recalls, and working with EU-wide alert systems such as Safety Gate (formerly known as RAPEX) to share information about dangerous goods across member states.
If the CCPC determines that a product on the Irish market poses a risk to consumers, it has the power to restrict its sale, require its withdrawal, or order a recall. Businesses that fail to comply with product safety obligations can face prosecution and significant penalties.
The National Standards Authority of Ireland (NSAI) also plays a role by setting and certifying safety standards, including the CE marking that indicates a product meets EU safety requirements.
Recalls
The implications of product recalls
A product recall occurs when a manufacturer, importer, or distributor identifies that a product already on the market poses a risk to consumer safety. Recalls can happen in a number of circumstances, including when a design flaw is discovered after the product has been sold, when a manufacturing error affects a batch of products, when the product causes unexpected injuries or incidents after reaching consumers, when testing or inspection reveals that the product does not meet safety standards, or when a regulatory authority such as the CCPC directs that the product be withdrawn.
It is important to understand that a product recall does not automatically prove that every individual product in the batch was defective, or that a specific product caused a particular injury. However, a recall notice can serve as valuable supporting evidence in a defective product claim. It demonstrates that the manufacturer or a regulatory body recognised a potential safety issue, which can strengthen the argument that the product did not meet the standard of safety consumers were entitled to expect.
If you were injured by a product that was later recalled, this is worth raising with your solicitor. You can check the CCPC’s product recall database for up-to-date information.
Time limits
Time limits for product liability and defective product claims in Ireland
There are strict time limits for bringing a product liability claim in Ireland. Under the Liability for Defective Products Act 1991, a claim must generally be brought within three years from the date you became aware (or should reasonably have become aware) of the damage, the defect, and the identity of the producer. There is also an absolute cut-off of ten years from the date the product was first put into circulation, after which no claim can be brought under the Act. Claims brought under negligence or contract law may be subject to different limitation periods.
Act without delay
Because missing these deadlines can prevent you from claiming altogether, it is important to seek legal advice as early as possible. For a fuller explanation of time limits, see our page on how long you have to claim for personal injury compensation.
Understand the full process
Read our step-by-step guides to making a claim, or get a sense of what your claim could be worth.
Questions people often ask about defective product claims
Can I still bring a claim if I no longer have the receipt?
Yes, you may still be able to bring a claim. While a receipt is helpful, it is not the only way to prove you purchased the product. Bank statements, credit card records, online order confirmations, and even witness evidence can all help establish proof of purchase. Your solicitor can advise on what alternative evidence may be available in your situation.
What if the product was bought online or from outside Ireland?
If a product was purchased online, consumer protection and product liability laws may still apply, depending on where the seller is based and where the product was delivered. Under the Liability for Defective Products Act 1991, the importer who brought the product into the EU may be treated as the producer. If the seller is based within the EU, you may also have rights under EU consumer protection rules. Cross-border claims can be more complex, so it is advisable to discuss the details with a solicitor.
What if the product injured a child rather than the purchaser?
A claim can be brought on behalf of any person who was injured by a defective product, regardless of whether they were the buyer. If a child was injured, a parent or legal guardian can bring the claim on the child’s behalf. The same principles of product liability apply, and the child’s injuries will be assessed in the same way as any other personal injury claim.
Does a product recall mean the case is straightforward?
Not necessarily. A recall shows that a safety concern was identified, but it does not automatically prove that a specific product caused your injury or that the defect was present in the particular item you used. A recall can be a useful piece of evidence, but the claim still needs to establish that the product was defective, that you were injured, and that the defect caused your injury. Each case is assessed on its own facts.
What if more than one business was involved in making or supplying the product?
Where a product passes through several parties before reaching the consumer, more than one business may share responsibility. This could include the manufacturer, a component supplier, an importer, or a retailer. Irish law allows claims to be brought against multiple defendants, and each party’s share of liability can be determined during the legal process. Your solicitor can help identify the correct parties based on the facts of your case.
Speak with Tiernan Solicitors about a defective product injury
If you or a family member has been injured by a defective or unsafe product, Tiernan & Co. Solicitors can help. Our experienced team handles product liability and personal injury claims and will take the time to assess your situation, explain your options in plain language, and guide you through each stage of the process.
