Defective Products can cause permanent injury or illness.
In the case of “consumer” type goods – i.e. those acquired for personal, domestic or household use – substantial compensation is available for injuries caused by safety issues and will other defects. This liability extends to cover not only the buyer of the products but subsequent users or owners.
Goods costing less than $100,000 (incl GST) are also considered to be consumer goods even if they are required commercially by a business.
People using such goods are entitled to expect that they are of acceptable quality, free from defects, safe and durable. Every situation is unique. Medical bills, lost wages, injuries (both physical and mental), and diminished quality of life are all possible outcomes in a product liability case, and each may be compensated for in addition to the product liability award. Depending on the specifics of your case, our Defective Product Lawyers can help you pursue additional kinds of compensation.
The legislation that applies to product liability claims is Parts V and VA of the Trade Practices Act and Parts 3-5 and 5-4 of the Australian Consumer Law.
Medical devices, home appliances, garden tools, pharmaceuticals, office equipment are just a few of the categories in respect of which injury compensation liability for the consequences of any defects extends to users.
Such claims are typically bought against the supplier or manufacturer and usually relate to defects in a component, the design of the product or its assembly.
Your Defective Product Lawyers can also answer any questions you have about the claims process, and explain how compensation is calculated. Some cases may be eligible for a no-win, no fee arrangement (your lawyer will advise you on your eligibility for this type of arrangement).
A customer has three (3) years to file a claim after discovering of a loss, a flaw, or the manufacturer’s identity.
- The consumer must demonstrate that the product has a flaw.
- The consumer must provide evidence of their loss or harm.
Loss and damage may consist of:
- Economic loss brought on by the faulty product
- injuries that the claimant allegedly sustained
- other than the individual bringing the claim, another person’s injuries or death
Following the establishment of these, the customer may begin the claim by bringing legal action against the manufacturer or submitting a complaint to a consumer protection organisation like the ACCC.
You may additionally be able to claim in relation to a product defect injury if unable to work due to sickness, disability, or a permanent injury resulting from a defective product, through your super as a Total and permanent disability (“TPD”) or income protection claim.