What is Product Liability?
The law regarding a product liability claim for defective or faulty goods sold in Australia is covered in the Trade Practices Act, which is Federal law. With cases relating to potential negligence or a 'breach of contract' these would be dealt with under other legislation, which is mainly State and Territory based. The laws in all the States and Territories are completely different and you need a Specialist Injury lawyer to advice and inform you of your potential claim and entitlements. To get the best results, contact Australian Injury Helpline first on 1800 22 33 63.
Have You Suffered An Injury As A Result of a Defective or Faulty Product?
Every day across Australia people are injured as a direct result of defective or faulty products. It could be as simple as faulty electrical equipment burning you to a car accident as a result of faulty workmanship or a badly manufactured or defective product that causes injury.
Examples of Product Liability Accidents
Below is a list of a few different examples of accidents that may be covered under product liability insurance:
- Injury caused through a faulty electrical kitchen or other appliance
- Injury caused by defective equipment or product
- Injury suffered from products used either on or in the body
- Car accidents caused as a direct result of faulty workmanship or a defective part
- Injury caused by household products
- Injury to children caused by faulty toys
These are simply some of the many circumstances of how injuries are sustained daily and you need to ensure you receive the correct information and advice by contacting Australian Injury Helpline on 1800 22 33 63.
What To Do If You Have Been Injured
If you or family members have been injured in an incident involving a possible product liability compensation claim then you may be entitled to pursue a compensation claim. The first important steps are:-
- The incident should be reported to the relevant Manufacturer, service provider or Owner, i.e. whoever you feel might be responsible
- Treatment should be sought for the injuries suffered and you should ensure the health care provider is made aware of the circumstances surrounding the injury
- All evidence and documentation to support the claim should be retained including the defective or faulty product. The product should certainly not be released to anybody, even the manufacturer or owner, before legal advice is obtained
- Telephone the Australian Injury Helpline on 1800 22 33 63
Specialist legal advice and assistance is required to assess your individual circumstances and a potential claim, certainly you may also be able to claim compensation if a defective product or faulty workmanship cause an injury. To pursue a successful compensation claim the onus is upon you and your legal tram to prove that the product or workmanship was defective or faulty, i.e. that the quality of the product or service provided was less safe than you could reasonably expect and this was the reason for the injury being suffered. To ensure you receive the correct information and advice by contacting Australian Injury Helpline on 1800 22 33 63.
Product Liability Compensation Entitlements
The amount to which you may be entitled in compensation varies from State to State and all jurisdictions have different thresholds (minimum severity of injury) which must be met for different items of claim, particularly direct compensation for pain and suffering.
You may be entitled to the following:
- Loss of wages and superannuation
- Lump sum compensation for pain and suffering
- Medical expenses for the treatment received
- The cost of future care that you require
- The cost of home modification
- The cost of home help required
- Other miscellaneous expenses, relating to the incident and your injury
The specialist Product Liability Solicitor will be able to advice you on your specific entitlements, which could well include items not mentioned above.
Remember, time limits apply and to obtain a FREE advice and assistance contact the Australian Injury Helpline today on 1800 22 33 63.