You have a right to expect the products you use to be safe. If you have suffered loss or injury because of a faulty or defective product, you may be able to make a product liability claim for compensation.
Can I make a claim for product liability compensation?
Under the Australian Consumer Law, manufacturers owe consumers a duty of care, which means they must ensure their goods are safe for use by consumers. In order to lodge a claim for compensation to cover your loss or injury, our team of lawyers will need to show that:
- the manufacturer or producer owed you a duty of care
- the manufacturer or producer breached their duty of care either by action or inaction, and
- this action or inaction caused you to suffer loss or injury.
Our highly experienced lawyers can assess your situation and give you an indication of whether you have a claim.
What should I do if I’ve suffered loss or injury because of a faulty or defective product?
If you think you have a product liability claim, it is important to gather evidence as soon as possible after you have suffered loss or injury.
- seek medical treatment immediately, explaining to your doctor what caused your injury
- keep any medical reports
- if relevant to your situation, take photos of your injuries
- keep records showing dates of medical consultations
- keep receipts showing any medical expenses
- keep any records showing a loss of earnings
- Keep the product that caused your loss or injury
As your lawyers, we also obtain evidence for your claim, including medical reports and expert opinions.
What can I seek compensation for?
A person who has suffered loss or damage because of a faulty or defective product can seek compensation for:
- Injury to the person making the claim, including physical or psychological injury or loss, both past and future
- Injuries or death to another individual
- Medical and rehabilitation expenses
- Past and future loss of earnings
- Economic loss relating to damage caused to another good, land, building or fixture
How much will it cost me to lodge a product liability claim?
We offer a No Win, No Fee* arrangement for product liability claims so you have access to legal representation, no matter your financial circumstances.
This means you don’t have to pay our legal fees unless your claim is successful.
For more information on our guarantee to you, don’t hesitate to contact us for a confidential and obligation-free discussion.
Are there any time limits to making a product liability claim for compensation?
Strict time limits apply. In most circumstances, you can make a claim for compensation within 3 years of the time you become aware, or ought reasonably to have become aware, of the loss or damage, the safety defect and the identity of the manufacturer.
This area of law is often complex and different time limits may apply depending on the kind of claim you are making. That’s why it’s important to get in touch with us as soon as possible to ensure your entitlements are protected.