I’VE BEEN INJURED DUE TO A FAULTY PRODUCT; WHAT ARE MY RIGHTS?
Updated: Sep 29
Have you been injured due to a faulty or defective product or goods? If so, you may be entitled to claim compensation for your injuries and losses.
What Do We Mean When We Say “Products”?
The ‘products’ in question when referring to a product liability claim can extend to more than just off-the-shelf items. Products can also include medical items, motor vehicles and pharmaceuticals.
The Duty of Care
In Australia, manufacturers hold a duty of care to ensure they are distributing safe products to consumers. When this duty of care is breached, the manufacturer or distributor could be held liable. In addition, consumer protection laws may give rise to further grounds to seek compensation.
Examples Of Product Liability Claims
A product liability claim could be made for receiving (and being injured from) one of the following:
• Faulty, defective or unsafe medical devices or prostheses;
• Defective consumer goods or household appliances;
• Faulty machinery, vehicles or parts and/or accessories; or
• Dangerous chemical products, drugs and pharmaceuticals.
What Must Be Proven?
For a claim to be successful, it must be clear that the product manufacturer or distributor provided an unsafe product to the customer. This will be made present in any obvious defects or lack of required warning labels.
Retaining any documentation relevant to the purchase of the product can also be helpful in the claim process – including any receipts or bills of sale, instruction manuals and/or warranty terms.
Determining Your Claim Outcome
No two claims are the same.
The details and specific nature of your circumstance will determine (a) what you can claim product liability compensation for, (b) how much you can claim, and (c) how long your claim may take to resolve.
It is important to obtain proper legal guidance to make sure you can receive what you are rightfully owed given your circumstances. An accredited specialist in Personal Injury law can help you understand your legal rights.
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