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Personal injury claim against Chinese company

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  • Personal injury claim against Chinese company

    Are there any firms that would take on a no win no fee personal injury claim against a company based in china? Thanks in advance
    Tags: None

  • #2
    Does this company have a presence or assets in the UK?
    Lawyer - retired from practice, now in academia. I do not advise by PM.

    Comment


    • #3
      Is this a tourism claim? What brings it within UK jurisdiction?

      Comment


      • #4
        give better details very vague i.e. taken by a company in uk?

        Comment


        • #5
          It is regarding a faulty design of an e-cigarette which malfunctioned resulting in severe burns. The company does not have assets in the uk and is based out of china. The advice I have received so far is that the only option would be to take legal proceedings against the shop that sold the product but as they are a small ltd business with minimal capital/assets then it wouldn’t be worth pursuing. In addition, to take proceedings against the manufacturer in china would be almost impossible as they tend not to even acknowledge correspondence. I was informed that I would have to finance the case myself which would become very costly and time consuming due to it being a Chinese company.

          Comment


          • #6
            If the shopkeeper has been sensible he will be carrying insurance which includes all types of liability including Products Liability.
            He shouldn't tell you if he has this insurance, and the first you will know is when you make a claim and it is defended by his insurers.

            However your chances of winning such a claim against the shop are IMO very slim.
            The Consumer Protection Act 1987 mainly relates to the manufacturer.
            To hold the shop liable you would have to prove negligence on their part

            I reckon dslippy and atticus might have an input here

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            • #7
              I would not give up on the shop quite so easily.
              Ask a no win no fee solicitor.

              Comment


              • #8
                The shop could well be insured.

                Consult a solicitor. You may be offered a conditional fee agreement (commonly called 'no win, no fee').
                Last edited by atticus; 21st August 2022, 08:34:AM.
                Lawyer - retired from practice, now in academia. I do not advise by PM.

                Comment

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