How we help > Liability

Product Liability

If you have been injured as a result of a defective or faulty product, you may be entitled to make a claim for compensation.

Products that may cause injury include:

  • Faulty medical implants or devices (i.e. breast implants)

  • Faulty goods or household appliances, washing machines, irons, dryers, etc.

  • Faulty machinery, cars or parts

  • Dangerous drugs or chemical products (i.e. fertilisers)

There are several different causes of action (i.e. legal claims) that can arise in relation to injury caused by a faulty product. This includes the law of negligence, breach of Australian Consumer Laws and breach of contract.

For a negligence claim to be successful, you will need to prove that the manufacturer and/or distributor owed you a duty of care, breached the duty owed to you, and as a result of that breach you suffered injury and loss.

Your rights, and seeking help

You may also have rights under Australian Consumer Law to claim for breach of statutory guarantees owed to consumers. It is important to ensure you seek advice from a lawyer who is also familiar with consumer law. The team at Southside Legal have experience in consumer law claims.

In some cases, a relevant issue is whether you were using the product as it was intended to be used and/or in accordance with the manufacturer’s guidelines.

As a general guide, the types of damages you may be able to recover are:

  • General Damages (which includes pain and suffering);

  • Past loss of income if your injuries prevented you from working at your full capacity, or at all

  • Future loss of income arising from any reduction in your capacity for work due to your injuries

  • Loss of superannuation

  • Past and future medical and rehabilitation costs;

  • Out of pocket expenses such as travel and medications.

If you think you may be able to make a product liability claim, it is important that you consider taking the following steps:

  1. Seek medical advice for your injuries.

  2. Do not throw away the faulty item: we strongly recommend that you keep the faulty item in a safe place as this can be important evidence in your claim.

  3. Take photographs of anything else that may be relevant, such as the environment or damage to vehicles or property.

  4. Keep records of any medical records, referrals and receipts for medical treatment.

  5. Keep records/find receipts for proof of purchase and any instructions included with the product (if relevant).

If you are unsure whether the circumstances of your injury warrant making a product liability claim, you should seek legal advice to find our whether your claim has merit.

There are strict time limits for pursuing a product liability claim. Generally, you must commence legal proceedings within 3 years of the date you suffer the injury; however, there can be some differences between the calculation of the time limits depending on the type of claim you commence. This is another reason why it is important to obtain legal advice as soon as possible to consider your options and when you will be required to take steps to protect your rights.

For more assistance

If you have been injured as a result of a defective or faulty product and want to talk through your options regarding making a product liability claim, give the team at Southside Legal a call today.