Product Liability Claims
Do I have a product liability claim?
From time to time, people suffer injury as a result of a defective product.
If you have bought a product or service in Australia, the Australian Consumer Law guarantees that it will work correctly if used for its intended purpose. Manufacturers of goods, and providers of services, must take precautions to avoid loss or damage resulting from their products. If they do not do so, you may have a product liability claim.
Common examples of injury arising from defective or faulty products include:
- Electric shock from electrical items like phone chargers, personal electronic devices or power outlets.
- Injuries from appliances or white goods.
- A car crash as a result of a mechanical fault or defective product in your car.
- Choking, strangulation or other injury resulting from defective baby or children’s toys.
Depending on the nature of the injury, you may be entitled to compensation for:
- Your past and future medical expenses.
- Any past or future loss of income, including superannuation.
- Your past and future expenses for rehabilitation, caring services, medical equipment or home modification.
- Pain and suffering incurred as a result of the injury.
How can Penrose Lawyers
assist in my product liability claim?
Our experienced product liability lawyers can help you with your product liability claim by:
What do I need to do?
Your first step is usually to contact the manufacturer or service provider and lodge a complaint. Many businesses will offer some compensation in recognition of the injury sustained.
However, this isn’t always enough. Sometimes, your injuries may be so severe that you will need significant compensation. The defect may also have caused loss to third parties, as in the case of a car accident, who may seek compensation from you.
You can make a legal claim for compensation under the Australian Consumer Law and through the courts. It’s important to get legal advice to understand your options and decide which route will provide the best outcome.
The claims process will vary depending on the type of product and the circumstances of the injury. You will need to:
- Produce evidence of the faulty product, usually by keeping the product itself.
- Produce evidence about your injuries, including photographs, medical reports and any receipts for medical costs.
- Attend mediation and possibly court in an attempt to settle the claim.