Defending Wristwatch Personal Injury Claim - Product Liability

[orangegrass]

We are a small business with our own brand of watches. We don't manufacture the watches (from China), but our brand is on them.


A customer bought a watch as a gift to a friend. This friend fell downstairs wearing the watch and the glass cracked and caused a laceration to his arm.


We have now received a Claim Notification Form holding us to blame for the accident.


My business does not have any insurance and very little money. Any advice on how to respond to this claim would be greatly appreciated.


Thanks in advance!

[ostell]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

What do you mean by Claim Notification form ?

What did he expect the glass in the watch to do after such a stress?

[orangegrass]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

Hi Ostell,

Thank you for your reply.

1) I received a letter from his solicitior containing a copy of a form called a 'Claim Notification Form (PL1)'. This has all the details of the claim on it.

2) He is saying that the glass in the watch broke too easily.

[des8]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

First thing to do is acknowledge receipt of the claim form immediately by email.

I wonder what his solicitor is playing at:
Are they really saying the fall down the stairs was caused by the watch, and that therefore you are liable?
Or are they saying the watch face failed under stress and so you are liable for the subsequent injury.
In either case the claim would be classed as a Product Liability, and yet they have issued you with a Public Liability form

Could you please post up the claim form you have been given (suitably redacted)?

[Tools]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

This just seems like a ridiculous claim being issued by someone trying it on. I would be interested to see the PL1 too, as Des mentions, remove any personal info and if you have difficulty uploading then please email to me at julian.siddle@legalbeagles.info and I will upload it for you.

[wildcolonialboy]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

Thanks in advance!

I take a less sanguine view than the other Legal Beagles here, I do think you are vulnerable to being ruled against. The relevant law is the Consumer Protection Act 1987 (section posted below); having affixed your brand name to this watch and imported it into the country, you will be responsible if it can be established that the damage caused (the lacerated arm) was caused by a defect in the product.

The other members have asked whether the watch is supposed to have caused the fall but that is not the relevant question. The question is (presuming a defect / failure to meet a reasonable manufactured standard can be established) "But/for the defect in question, would the claimant have suffered the injury caused?".

I don't know about them, but I would expect a watch to be reasonable sturdy, and the fall would need to be exceptionally violent (with some sharp edges to break the glass) before I believed it was reasonable that the glass on a watchface cracks wide open (rather than just sustaining a crack).

Of course it must be established that the feel did indeed occur, that the watch face cracked as a result, that the claimant is telling the truth about that. But if they have, I think you may have a problem. How much are they claiming in damages?

2Liability for defective products.

(1)

Subject to the following provisions of this Part, where any damage is caused wholly or partly by a defect in a product, every person to whom subsection (2) below applies shall be liable for the damage.

(2)

This subsection applies to—

(a)

the producer of the product;

(b)

any person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product;

(c)

any person who has imported the product into a member State from a place outside the member States in order, in the course of any business of his, to supply it to another.

[wildcolonialboy]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

What do you mean by Claim Notification form ?

What did he expect the glass in the watch to do after such a stress?

Depending on the material of the stairs / floor in the house, the height of the fall etc, I personally would not expect the glass face of my watch to crack open. I am a lot less sanguine than other Legal Beagles here; if the fall and the breaking of the watch occurred as stated, I believe the OP could well be vulnerable legally.

We're all aware that products from China are often manufactured to less than rigorous standards, and Chinese products being unsafe is not the most outrageous proposition I've ever heard.

I think it behooves us (with respect, given you're a VIP member and I'm rather new) not to get the OP's hopes up by prematurely rubbishing the claim

[des8]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

Neither Tools nor I were rubbishing the seriousness of the op's position.
It is just that the sparse facts as presented only allow for speculation, and we have asked for fuller info.
But if a claim is to be made against a person one would expect a solicitor to know the difference between Public liability and a product liability.
Also the injured party has to prove that liability.
Now I can find no regulations regarding the type of glass that has to be fitted into watches. The injured will have a problem IMO showing OP is liable for anything.
The claim has all the hallmarks of a speculative foray by a person not prepared to accept responsibility for his own actions, backed by a solicitor who scents big fees and costs!

[wildcolonialboy]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

Neither Tools nor I were rubbishing the seriousness of the op's position.
It is just that the sparse facts as presented only allow for speculation, and we have asked for fuller info.
But if a claim is to be made against a person one would expect a solicitor to know the difference between Public liability and a product liability.

I agree, the claimant's solicitor is obviously less than competent. But that doesn't speak to the merit of the claim

Also the injured party has to prove that liability.
Now I can find no regulations regarding the type of glass that has to be fitted into watches. The injured will have a problem IMO showing OP is liable for anything.

I emphatically disagree. The lack of regulations doesn't mean liability is incapable of arising, and the fact the claim would need to be proven merely means it's like every other civil claim ever. I don't think it's an exceptionally complex legal problem, and I don't think a lawyer who was after "big fees and costs" would be chasing a small claim like this.

To be honest, I am less than sympathetic about a business that imports products from a jurisdiction known to produce unsafe or faulty products, and carries on that trade without obtaining insurance. What if the watches had some serious defect along the lines of presence of some toxic material? In that case is it just the claimant's bad luck?

[Tools]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

One question that may arise, are the wrist watches marked with the CE or appropriate quality standard mark?

I agree with many of your points Wildcolonialboy and none of us are here to argue or rubbish each other, everyone's input, no matter how new or what their forum standing, is always welcomed.

[orangegrass]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

Thanks for all your help and advice.

In hindsight Product Liability Insurance would have been a good idea. But as a small startup things like this are overlooked in the first year of trading, so many new things to learn. No excuse I know.

We are a limited company, and are manufacturer has an SGS certificate for the watches.

Here is the Claim Notification Form we got through the post:
https://www.dropbox.com/s/vwuzp9lvyw...ymous.pdf?dl=0

Whats interesting is that fall was at 2am on a Saturday at a friends house. Would it make a difference if he been drinking alcohol?

[Tools]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

It doesn't mention a fall in the claim.

It also says ".......the glass underneath his watch....." is it correct that it has glass on the base and not just the face?

[Mineral1]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

Thanks for all your help and advice.

In hindsight Product Liability Insurance would have been a good idea. But as a small startup things like this are overlooked in the first year of trading, so many new things to learn. No excuse I know.


We are a limited company, and are manufacturer has an SGS certificate for the watches.

Here is the Claim Notification Form we got through the post:
https://www.dropbox.com/s/vwuzp9lvyw...ymous.pdf?dl=0

Whats interesting is that fall was at 2am on a Saturday at a friends house. Would it make a difference if he been drinking alcohol?

You can't write of the prospects of a claimant. Product must be fit for purpose. Safe, and unlikely to cause harm or injury in normal day to day use, even if that means resistance to impact.
However, presumably you possess identical models of the product on your shelves? Get an accredited test on the product, get data to show the strength of the model including destructive tests. That way it should be possible to determine whether or not you can defend on the products quality.
As for the claim, roughly how large is the claim? If the claim is for a minor injury with no long term implications for the claimant and little loss other than transient discomfort and inconvenience then surely the claim must be proportionate?

[orangegrass]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

The Claim form says its 10-25k.

The glass is behind the watch, it allows you to see the inner workings.

The claimant said that they fell downstairs in an email to us before they put the claim in.

[Tools]

Re: Defending Wristwatch Personal Injury Claim - Product Liability

Also, they have conflicting statements at 1.4 & 1.5

No medical attention
Yes attended hospital

You would need a copy of the hospital notes.

In theory it is the same as driving your car into a brick wall and then claiming from the windscreen manufacturer because you cut your face, I'd like to see that one hold up in court.

Could you email the unredacted document to me at julian.siddle@legalbeagles.info