HAVE YOU BEEN INJURED BY A DEFECTIVE OR FAULTY PRODUCT?
If you’ve suffered physical injury or financial loss due to a faulty product or device, you may be able to claim compensation under Commonwealth or State laws.
Launching a Product Liability claim against a manufacturer, distributor, or retailer can be daunting and stressful. This is because your claim will be against their insurance company who is likely to have a highly specialised team whose job is to fight these sorts of claims.
To have the best chance of a successful outcome, you must get the correct legal advice from the outset from a specialised Personal Injury Law firm like Carbone Lawyers.
What sort of product defects can I claim for?
Most people use dozens if not hundreds of different products and devices everyday. In Australia, manufacturers have a duty of care to make sure their products are safe. This includes everything from the shampoo you use under your morning shower to the appliances in your home, your personal tech devices, exercise equipment, your car, and any medication you use. Some typical injuries covered under product liability insurance include:
- 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, a building or a fixture.
Consumers who suffer loss or damage because of safety defects in a manufacturer’s goods can either:
- 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.
The amount of money you can claim depends on how bad your injuries are and how much loss you’ve suffered. Compensation will be the monetary value given to 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 your product liability action
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 identity of the manufacturer.
Any action must generally also commence within ten years of when the manufacturer supplied the goods with safety defects.
Limitation periods can be difficult to ascertain and it is essential that you speak with a lawyer in connection with the specific circumstances of your case 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. Carbone Lawyers are the Personal Injury experts and will advise you on the likely success once we understand your circumstances.