Members of the general public could claim compensation under the Consumer Protection Act 1987 if they were adversely affected by a defective product. In order to ascertain whether or not an item can truly be called 'defective', this legislation states that its safety must not be of a quality which people are generally entitled to expect.
As this area of law can be complex, an individual should always contact a product liability solicitor if he or she believes they are able to receive damages. However, defective items are not just limited to the home or workplace – potentially, those employed by the Ministry of Defence could also be entitled to make army compensation claims.
Faulty equipment and the armed forces
In 2008, the High Court ruled that if a solider is deployed on military operations with substandard or faulty equipment, this may breach his or her human rights. Speaking about the decision, Judge Andrew Collins said, "The soldier does not lose all protection simply because he is in hostile territory carrying out dangerous operations."
Furthermore, he added that article 2 of the European Convention on Human Rights could be breached by sending "a soldier out on patrol or, indeed, into battle with defective equipment".
Military personnel have a very hazardous job to do, and to send them into combat zones without functional equipment not only seems counter-productive, but also dangerous. Potentially, if a member of the armed forces suffers personal injury after being provided with faulty or inadequate gear, they may be entitled to claim compensation through an experienced Seth Lovis & Co solicitor.
Sadly, several years after the High Court's ruling, it appears military personnel are still being provided with inadequate equipment. For example, the Senate Armed Services Committee reported that counterfeit parts had been discovered in hundreds of American military aircraft during the year leading up to May 2012.
It seems some other equipment – such as night-vision technology, GPS devices, and radios – may have also been assembled with faulty components. As a result, the gear may have been rendered inoperable and this could have placed the lives of personnel in danger.
Furthermore, in 2013, a UK businessman was found guilty of fraud when it emerged he had supplied fake bomb detectors to a number of different countries. Although they were used in nations such as Iraq to detect suicide bombers at checkpoints, in actual fact these devices were useless – and did not help to keep civilians or military personnel safe. As a result, he was sentenced to ten years in prison.
Making an army compensation claim for faulty equipment
If you were adversely affected after being provided with faulty or inadequate equipment, you may be entitled to claim compensation through one of our experienced personal injury solicitors.
To speak to a member of our team, please contact us today on 0808 252 0678 or alternatively, send us an online enquiry form and we will respond at a time which is convenient for you.