Product Liability Claim Lawyers & Attorneys

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Product Liability Compensation Claims

We use countless numbers of products as a part of our day to day lives, from the cars we drive to the chairs we sit in. Dangerous and defective products can cause serious injury and harm, and even result in death. Product liability compensation can cover claims for damages caused by dangerous and defective products.

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What is a product liability insurance claim?

Faulty and dangerous products can cover any defectively manufactured and designed products, as well as products which fail to provide adequate warnings or instructions. However, older products may differ from this as they will usually not have the same safety features that newer products tend to have.

If you believe you or your family have been injured due to a defective or dangerous product, you may be entitled to make a product liability insurance claim against the manufacturer. It’s important to seek immediate legal advice in these situations as product liability can be difficult to make a claim for. Product liability claims can be made in cases such as:

Lost income or wages
Emotional distress
Pain and suffering as the result of injuries caused by a defective product
Medical costs and wrongful death
Faulty construction of equipment or product
Defective and dangerous household products including appliances, chairs, whitegood and heaters
Unsafe food products and contaminated food
Defective cars, trucks, motor vehicles and recreational vehicles
Dangerous electrical distribution systems
Faulty machinery and tools
Faulty or dangerous products
A failure by the manufacturer to provide adequate warnings or instructions
Faulty or dangerous cosmetic products
Defects in products for babies and children

How can product liability lawyers help me?

There are some defences made available to manufacturers, which can exempt them from claims, such as if the defect did not exist in the product at the time it was manufactured, or if there was insufficient technical or scientific evidence available at the time.

While financial compensation can not take away the harm and suffering caused by dangerous or defective products, it can assist in economic stresses caused due to injury or a loss or damage of property. Our experienced compensation lawyers have helped clients receive compensation from product liability cases against large corporations including Woolworths, Coles and Bunnings.

Should I speak to a product liability lawyer?

If you believe you have a case to claim product liability compensation, speak to one of our expert product liability lawyers so you can get the compensation you deserve for your suffering.

Need help? Speak to one of our experienced compensation lawyers today on 02 9601 0088 and receive obligation-free advice on your compensation claim, with no upfront costs. If your compensation claim proceeds, our No Win, No Fee policy* means you will not have to pay our legal costs unless your claim is successful and you receive your compensation.

*Note: In the event that your action fails in court you may be liable to an adverse costs order.

Product Liability Lawyers FAQ

What is product liability?
Product liability (also known as manufacturer’s liability) is the term which describes the obligation a vendor owes to a consumer. As a consumer, you have the right to expect that the products you purchase and use are safe. Australia’s product liability laws are governed by a mixture of common law, Federal and State Legislation.
Types of product liability claims
Almost any consumer product can be unsafe or have danger associated if defective. A product liability claim is recommended where the injury has occurred due to the ordinary use of a product which was inherently unsafe or defective, namely:
• Household appliances and power tools;
• Pharmaceuticals;
• Industrial equipment;
• Batteries;
• Chemicals;
• Children’s toys;
• Motor vehicles;
Making a product liability claim
Consumers are protected from unsafe and defective products under the Australian Consumer Law (which is Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Additionally, consumers have a right to sue in tort for the negligent manufacture or supply of goods and services, where it can be proved that:
1. The product was inherently unsafe, faulty or defective with ordinary use or the manufacture’s or supplier’s conduct was, on the balance of probabilities, negligent;
2. The fault of the product contributed or caused your injuries; and
3. Your injuries are materially significant and causally related.
Who pays?
Majority of vendors have taken out public liability insurance which broadly covers any damage caused by their products. Generally, the rights and liabilities of the vendor are subrogated to their insurer who will oppose your product liability claim.
What next?
The claims process varies depending on the product and the circumstances it was used. Generally, a claim is structured as follows:
1. Initial Consultation with our product liability expert
2. Collect evidence and build your case
3. Run your case
4a. Settlement negotiation, or;
4b. Proceed to hearing
What can I claim?
If you are successful in a product liability claim, you will be awarded damages which are dependent on your financial and domestic circumstances before the incident. The award of damages is to put you in the financial position you would have been, if the accident didn’t occur and are calculated under the following categories “heads of damage”:
• Non-Economic loss (such as loss of amenities of life and pain & suffering);
• Economic loss (loss of income, work capacity and superannuation);
• Medical treatment expenses; and
• Domestic care and assistance.
How long do I have?
The limitation period on a product liability claim is prescribed by State legislation which requires you to commence the action in Court within 3 years from the date of the accident. We recommend you do not delay the matter and contact one of our product liability experts immediately.
What is public/occupier’s liability?
Public Liability is the legal duty owed by an owner and/or occupier of premises to ensure a given premises are reasonably safe and free from foreseeable risk of personal injury.
What this means is that people or businesses who invite people onto their premises, must ensure that reasonable care is taken to ensure foreseeable risks to those entrants are removed.
Commonly, in places such as shopping centres and supermarkets, this duty will require the provision of adequate systems of cleaning to ensure tripping hazards, such as spills and wet floors, are cleaned in a timely manner. However, the nature of the liability is broad and depending on the nature of the premises, be it a shopping centre, a pub or club, rented home, public park etc, the obligation the occupier has to an entrant will vary depending on the circumstances.
The duty of an occupier also extends to individuals who occupy premises such as friends and relatives.

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Product Liability Compensation Claims

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