Defective Product Lawyers

Products can be defective by reason of poor design, poor assembly, dangerous components or poor durability. Our Defective product lawyers can handle insurance and compensation claims for a wide range of defective product accidents.

Do you have a claim?

Check to see if you are entitled to insurance or compensation as a result of a Defective product Accident. If you have a question, please get in touch with our team.

Do you have a potential claim arising out of a Defective Product Accident?

Make an enquiry

What are the common
claims for a defective product?

Defective Products can cause permanent injury or illness. If you are unable to work due to sickness, disability, or a permanent injury resulting from a defective product, you may be entitled to claim compensation through your super as a Total and permanent disability (“TPD”) or income protection claim.

You also may have injury compensation rights. In the case of “consumer” type goods, liability for suitability of the product and its fitness for the purpose for which it was acquired extends to cover not only the buyer of the products but subsequent users or owners: Trade Practices Act (Part V Division 2).

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).

1

Common defective product claim categories

Here are examples of the type of product that may be eligible to claim for:
household appliances;
garden maintenance products;
office equipment;
pharmaceuticals;
sporting equipment;
motor vehicles;

2

Motor vehicle or automotive parts and components

3

Sporting goods

4

Garden-use items/material

5

Personal-use products

6

Medical products

7

Domestic or general use items

8

Food or beverages

Are there any time-limits to claim compensation for defects?

Yes. Claims must be commenced within three (3) years of becoming aware of the defect or the date of injury. This makes it imperative to seek legal assistance as soon as possible after a product defect has caused an injury.

This is also important to take immediate action as it increases the chances of securing critical evidence that could make the difference in your claim’s success.

When is a company/manufacturer deemed responsible for a defect?

If a product is faulty, the manufacturer shall be held liable if the product fails to meet reasonably acceptable standards.

1. Design

The manufacturer must ensure that the product is designed to minimise any potential damage to consumers. If the product is potentially unsafe, it is crucial to warn the customer of the dangers while utilising the product.

2. Manufacturing

When producing new products, businesses are expected to achieve a product able to be used safely.

Should I speak to a defective product lawyer?

All Please speak to one of our expert defective product lawyers so that you can receive the compensation you deserve for your injuries.

What type of injuries could occur due to a defect?

Products ca be defective by reason of poor design, poor assembly, dangerous components or poor durability.

Road accident injuries due to vehicle defects.

Skin burns from a fire due to faulty product.

Limb injuries due to defective appliances, sporting goods or garden equipment.

Damages to teeth/mouth from foreign objects in consumable goods.

The CCL method

Our compensation lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. We will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, we will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What fees do you pay a solicitor for defective product compensation?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    We will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

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