Defective products: how to take action and claim compensation

12/03/2025

Defective products can cause physical, emotional, or material damage to consumers. Identifying a defect and seeking compensation is essential to ensure fairness and safety. This article explains what defective products are, what to do if you suffer damage, and what your rights are as a consumer.

What is a defective product?

A defective product is a product that does not meet minimum safety standards, whether due to design, manufacturing or labelling errors. This can make it dangerous, even if used correctly. There are three main types of defects:

Design flaws: Inherent flaws in the product design, such as a car with brakes that do not work under certain conditions.
Manufacturing defects: Problems that occur during production, such as devices catching fire due to faulty wiring.
Labelling defects or warnings: Lack of clear instructions or warnings regarding the risks associated with the use of the product, such as medications without indication of possible side effects.

What to do if you are harmed by a defective product

If a defective product causes you harm, it is crucial to take these steps to protect your rights and ensure that you can claim compensation:

Stop using the product: Stop using the product immediately and store the product as it was at the time of the incident.
Seek medical attention: If the damage includes physical injury, seek immediate medical attention and be sure to obtain a detailed report linking the injury to the use of the product.
Document the incident: Take photos of the product, any injuries or property damage sustained, and gather any information about the purchase, such as receipts or warranties.
Keep the product and its packaging: Do not throw away the product or its original elements, as they will be essential as evidence in your claim.
Inform the manufacturer or seller: Report the incident and request an immediate solution, such as a repair, replacement, or refund.

Defective Product Claim

Product liability laws allow consumers to claim compensation if a defective product has caused them harm. Depending on the case, you can file the complaint directly with the manufacturer, distributor or seller of the product.

Compensation available

You can claim the following concepts:

Medical Expenses: Expenses related to the treatment of injuries caused by the product.
Loss of income: If the damage prevents you from working temporarily or permanently.
Property Damage: Repair or replacement of property damaged by the defective product.
Pain and suffering: Compensation for the physical and emotional impact of injuries.

In some cases, the laws allow for additional compensation for the risk that the product poses to other consumers, especially if there are several similar cases.

Application Deadlines

Claims relating to defective products are subject to legal periods called limitation periods, which vary by jurisdiction. It is essential to act quickly to avoid losing your right to claim.

When to see a lawyer

If the manufacturer or seller denies liability or if the compensation offered is insufficient, consult a product liability lawyer. This professional can help you:

Gather robust evidence: including technical reports and expert testimony.
Negotiate with the company or insurer: To obtain fair compensation.
Filing a judicial action: If the defective product has affected multiple consumers.

Prevention of damage caused by defective products

While it’s not always possible to prevent damage, there are steps you can take to minimize the risks:

Read the instructions and warnings: Be sure to follow the directions for use.
Research before you buy: Check for product-related security reviews and alerts.
Register the product: Some manufacturers offer logs to report problems or recalls.

Conclusion

Defective products can pose a significant danger to consumers. Knowing your rights, acting quickly, and carefully documenting your case are essential steps to claiming fair compensation. If you encounter resistance, having expert legal advice will help ensure that justice is served and that those responsible are held accountable for providing safe products. At BCV Lex, our teams in Bordeaux and Madrid are at your service and operate throughout France and Spain to defend your interests. Don’t hesitate to contact us.