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.
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.
Product Liability FAQs
What is a product liability claim?
A product liability claim is a legal action taken against a manufacturer or distributor for injuries and losses caused by a defective product. For a claim to be successful, the consumer must have been injured or otherwise suffered a financial loss due to defects in a product they used as intended. You can find out whether you may be entitled to compensation with a free product liability claim assessment here.
What types of defects can lead to a product liability claim?
Defects can include manufacturing errors, design flaws, insufficient warnings about potential risks, or anything else that would make the product unreasonably safe when used as intended and existed at the time of sale. For example, children’s toys that pose a choking hazard and are sold without adequate warning or contaminated over-the-counter medication would both be considered defective products.
How can I prove a product was defective?
Gathering the necessary evidence for product liability cases can be particularly complex, as you must show that the product was defective and that the defect directly caused your injury. This often requires extensive evidence such as the defective product itself, expert testimony, and documentation of the incident and injuries. Keeping the product and any related purchase information is crucial, and an expert faulty product lawyer can help prove the defect, gather necessary evidence, and negotiate with manufacturers or insurers for fair compensation.
How do I file a product liability claim?
There are two main avenues for seeking justice for product defects in Victoria. The first is through a complaint to a consumer protection agency which may apply sanctions and provide you with information on pursuing further action, the second is through taking the manufacturer or distributor to court. For product liability cases involving seven or more people with similar or related circumstances, a class action case may be brought against the manufacturer where all these claims will be resolved through one case. These processes can be lengthy and complicated, but our dedicated faulty product lawyers can help you assess your options, simplify your claim, and get the best chance at compensation.
Can I claim compensation if I was not the product's purchaser?
Yes, under Section 266 of the Australian Consumer Law, gift recipients of goods may enjoy and exercise the same rights and protections as the purchaser. So, even if you didn’t buy the product, you might still be eligible to claim compensation if the defect caused you harm.
