HAVE YOU SUFFERED INJURY OR LOSS DUE TO A FAULTY PRODUCT?
Let us get you the compensation you deserve.
If you’ve been physically injured or suffered a financial loss due to a defective product, you may be able to claim compensation under commonwealth or state laws.
Making a Product Liability claim against a manufacturer, distributor, or retailer of a defective product can be intimidating and stressful. This is because you will be fighting an insurance company with lawyers who are specialised in fighting these claims.
For the best chance of a successful outcome, get proper legal advice from expert product liability lawyers like Carbone Lawyers.
What sort of product defects can I claim?
Most people use a multitude of products and devices every day. In Australia, manufacturers have a duty of care to ensure their products are safe. This includes everything from personal care products like shampoo and cosmetics, home appliances and personal tech devices, exercise equipment, your car, and any medication you use.
Common reasons for product liability claims:
- Burns or electric shocks caused by a faulty electrical appliance
- Injury to children caused by defective toys
- Injury caused by defective medical devices or implants
- Physical trauma caused by faulty equipment
- Skin damage caused by cosmetic or personal care products
- Car or motorbike accidents because of faulty parts
- Injury caused by household products
What compensation will cover
Under the Australian Consumer Law, a consumer can seek compensation from a manufacturer who has supplied a product with safety defects if that product has caused loss or damage, such as:
- Injuries to the person making a claim or injuries or death to another individual
- Economic loss caused by damage to property, land, building, or fixtures.
Claim Options
- Take the manufacturer to court.
- Make a complaint to a consumer protection agency such as the ACCC or Consumer Affairs Victoria. The agency may seek to conciliate the issue or consider if there’s significant public value in bringing a representative action against the manufacturer in court.
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The amount of money awarded in a product liability claim will depend on how bad your injuries are and how much loss you’ve suffered. Compensation will be determined by the monetary value of the injury’s impact on your quality of life.
The dependents of a person who is injured or killed by defective goods can also claim the losses they suffer as a result.
Time limits on product liability claims
Consumers generally have three years to bring an action from the time they become aware (or ought reasonably to have become aware) of the loss, the defect and the manufacturer’s identity.
Generally, any action must commence within ten years of the manufacturer supplying the goods with safety defects.
Limitation periods can be difficult to ascertain, and it is essential that you speak with a product liability lawyer who will be best placed to advise you on your rights and whether you are bringing an action ‘within time’.
Every Product Liability claim is different. The defective product expert lawyers at Carbone Lawyers will advise you on the likely success once we understand your circumstances.