People expect the products they buy to be safe and function as promised. Unfortunately, there are cases where defective products cause harm, financial loss, or even health risks to those who purchase and use them. Whether it’s a faulty car, a malfunctioning appliance, or a product that doesn’t meet safety standards, you have the right to seek compensation for defective products.  

When large numbers of people are affected by the same defective product, group litigation is a great way to hold the offending company accountable. In this guide, we’ll explore how group litigation can help you pursue compensation for defective products, the eligibility criteria, and the benefits of joining a group action. 

Common types of product liability claims  

Product liability cases can arise when defective or dangerous products cause harm to individuals. Claims aren’t limited to physical injuries; they can also involve financial harm. Here’s a breakdown of the common types of product liability claims: 

Allergic reaction claims 

Defective food products or cosmetics that cause severe allergic reactions can lead to time off work and lost income due to hospitalisation or treatment. 

Kitchen appliance claims 

Defective electrical appliances or kitchen products can cause physical injury and lead to property damage, such as fires caused by faulty wiring.  

Furniture-related claims 

Faulty furniture that breaks unexpectedly can lead to replacement costs or damage to other items in the home.  

Cosmetic surgery claims:

Defective implants or medical devices used in cosmetic surgery might require corrective surgeries, which could result in missed work, ongoing health issues, and emotional distress.  

Defective medical equipment claims 

Malfunctioning medical equipment, such as faulty wheelchairs or hearing aids, can cause serious health complications. This can potentially cause delays in care and added costs for private health services. 

Defective vehicle claims 

Vehicles with defective components can cause financial loss by lowering the resale value of the cars. In serious cases, faulty vehicles can also lead to accidents and road safety issues.  

Defective drugs and medicine claims 

In some cases, defective drugs can cause serious health issues and emotional distress, necessitating further treatments or medication. 

Defective electrical product claims 

Electrical products that fail prematurely or don’t work as advertised can cause financial harm if they require frequent repairs, early replacements, or cause damage (e.g., a faulty washing machine that floods a home). 

Technology claims 

Faulty software or hardware can lead to data breaches or malfunctions, resulting in financial losses. For example, a defective point-of-sale system could result in lost business, while faulty data security systems might expose people to fraud or identity theft. 

How group litigation works for defective product claims 

When the same defective product harms many people, making individual claims can be impractical, time-consuming, and costly. Helping to streamline the process, group litigation lets people join forces and collectively pursue a single claim.  

The group litigation process 

Group litigation for faulty product claims typically begins when several individuals discover they have been affected by the same product defect. These individuals can then band together, often with the help of a law firm or a consumer platform like Join the Claim.  

Here’s an overview of how the group litigation process works for defective product claims: 

Initial investigation 

The first step involves gathering evidence to prove a product is defective and has caused harm. For example, in the dieselgate scandal, researchers discovered Volkswagen and other automakers had installed software that cheated emissions tests, causing widespread financial harm to drivers. 

Group formation 

Once it’s clear many people have been affected by the same defective product, potential claimants come together to form a group. This can involve hundreds or thousands of people. Join the Claim makes it easy for people to check their eligibility and sign up to a particular claim.  

Filing the group claim 

Once the group is established, a formal legal claim is filed against the responsible company, seeking compensation for the collective harm suffered by the group. 

Negotiation 

Once the defective product claim is underway, the law firm representing the group will negotiate on behalf of all claimants. The aim is often to reach a settlement without going to court, especially in cases where companies want to avoid the negative publicity and expense of a trial.  

Settlement 

Depending on the strength of the case, the company may choose to settle the claim out of court, offering compensation to all affected claimants. Settlements are typically divided among the claimants based on their individual circumstances, such as the extent of their damages. 

Court action 

If no settlement is reached, the defective product case may go to trial. In this scenario, the group will continue to be represented by the law firm, which will present the case in court on behalf of all claimants.  

Examples of defective product claims 

When a product causes injury or damage, it can lead to widespread harm and group litigation. Below are some prominent examples of defective product claims*:  

Jaguar DPF claim 

Lawyers have launched a claim against Jaguar Land Rover for selling cars with defective diesel particulate filter (DPF) systems, which led to excessive maintenance costs and safety risks for drivers.  

Talcum powder claim 

In the talcum powder claim against Johnson & Johnson, lawyers allege the company knew its talc products contained potentially dangerous asbestos as early as the 1970s, but failed to warn customers. Despite claiming its products were safe to use, in 2023, Johnson & Johnson replaced talc with cornstarch in all its talcum powder products. 

Philips CPAP machine claim 

Philips faced a group litigation claim in the US after recalling its CPAP machines used for sleep apnea. The recall was due to the machines containing foam that could break down and release harmful chemicals into users’ airways, potentially causing respiratory issues, cancer, and other health complications. Philips agreed to a $1.1 billion settlement in April 2024 to compensate people for financial damages related to the recall. 

Boeing 737 Max claim 

After the two fatal crashes of Boeing’s 737 Max aircraft, lawsuits claimed the aircraft’s safety features were defective. This claim is ongoing in the US.  

DePuy hip implants claim 

A well-known case in the UK involves metal-on-metal hip implants. Many patients who received these implants experienced severe complications, including metal poisoning and the need for revision surgeries. The claimants joined together in a group action to seek compensation for the pain, suffering, and additional medical expenses caused. 

McLaren baby buggies claim 

This claim was launched after it was revealed certain McLaren baby buggies had defective hinges, which caused serious injuries to children’s fingers. The defect led to significant product recalls, and affected families pursued compensation through group litigation​. In 2010, Maclaren agreed to compensate UK children injured by pushchair hinges with awards ranging from £2,500 to £10,000 depending on the severity of injury. 

Finding and joining ongoing group claims 

Finding and joining an ongoing group litigation claim for a defective product can be challenging without guidance. However, platforms like Join the Claim simplify the process. 

Browse through active group claims for defective products. If you find a claim you want to join, our simple checker quickly tells you if you meet the eligibility criteria, making the process straightforward and accessible. 

Eligibility for group litigation 

Individuals must meet specific eligibility criteria to join a group litigation claim for a defective product. The main requirement is proving the product in question was faulty and this defect caused harm or financial loss.  

Key eligibility criteria 

• Defective product: The product must have a defect that makes it unsafe, unreliable, or unsuitable for its intended purpose. Common examples of defective products include faulty electronic devices, automobile recalls, or toxic cosmetics. 

• Harm or financial loss: People (and their lawyers) must demonstrate the defective product caused harm, whether it’s physical injury, financial loss, or emotional distress. For example, in the dieselgate case, drivers were able to show the value of their cars had dropped due to the emissions scandal, causing significant financial loss. 

Benefits of group litigation for defective product claims 

When it comes to seeking compensation for defective products, group litigation offers several key benefits: 

Shared legal costs 

One of the most significant benefits of group litigation is that claimants share the legal costs, making it much more affordable for individuals to pursue justice. Even better, in most cases, law firms run group claims on a no-win, no-fee basis.  

Maximum compensation  

Individuals who unite with other claimants in a group action often increase their chances of receiving fair compensation. Large corporations are more likely to offer higher settlements when facing the pressure of a collective claim rather than individual lawsuits. There is strength in numbers.  

Consistency in compensation 

Group litigation ensures all affected individuals receive fair compensation, rather than leaving each person to negotiate independently with the company responsible. 

Streamlined process 

Instead of navigating the complexities of a legal claim alone, group litigation simplifies the process. Claimants don’t have to worry about managing their cases independently. Instead, legal experts handle the case on behalf of the group, ensuring all claims are addressed together. 

Ensuring accountability 

Group litigation helps people hold large corporations accountable for selling defective products. It’s a powerful way to challenge corporate misconduct and push for systemic changes that prevent future harm. 

In conclusion 

Seeking compensation for defective products is a consumer right, but pursuing claims alone can be difficult and costly. Group litigation provides a formidable alternative. 

If you’ve been affected by a defective product, consider joining a group litigation to pursue justice and compensation. 

Ready to make a claim?   

Join the Claim can help you check your eligibility and join an ongoing claim, making it easier to seek the compensation you deserve. 

Check if you’re eligible for compensation for defective products.