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RE: Miss A Smith v You
Product Liability Claim - Defective Food Processor
We are instructed by the above-named in connection with a claim for personal injuries suffered in an accident on 1 March 2032 (made-up!).
Our client considers that the injuries occurred through your negligence and/or breach of statutory duty and claims damages accordingly.
We enclose a copy of this letter for you to send to your insurers. Please refer the copy letter to the relevant insurers as soon as possible, as if you do not this may affect insurance cover and/or the conduct of any subsequent legal proceedings.
This is a letter of claim sent in accordance with the Pre-action Protocol for Personal Injury Claims. We will, therefore, deal with the matters which arise under that Protocol at this stage. We trust your insurers will reciprocate, by meeting their obligations, as we consider compliance with the terms of the Protocol will be the best way of resolving this matter, or at least narrowing the issues, in a timely and proportionate way.
We should, in particular, like to deal with liability as quickly as possible. We hope that will then allow us to enter negotiations on quantum and explore the possibility of outright settlement at the earliest opportunity.
We will deal with the matters arising at this stage, under the terms of the Protocol and more generally, in turn.
Please confirm your position on liability as soon as possible. If liability is not accepted and/or you blame anyone for our client’s injuries, please give full details so that we may consider what you have to say.
This letter gives a summary of the factual background and the reasons why it is considered you are liable for our client’s injuries. However, this summary should not be taken to be comprehensive and we reserve the right to plead such particulars as may be appropriate when we have a response, in accordance with the Protocol, to this letter and when any further investigations that may then be required have been concluded.
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