Product Liability – what is needed to make a claim?
Under the Australian law, a person who has been injured or otherwise suffered loss or damage as a result of the use of a product can bring a claim as against the manufacturer or supplier of the product. Such a claim would be based on:
1. The negligence of the manufacturer or supplier.
2. The breach of the contractual relationship as between the claimant and the manufacturer or supplier.
3. Breach of legislation being the Australian Consumer Law.
Strict Liability Claims
A strict liability claim is available under the Australian Consumer Law. Such a claim involves a breach of a guarantee provided by the legislation on the part of all manufacturers or suppliers. These guarantees pertain to the supply of goods and services that are ordinarily required for personal, domestic or household use or consumption. Guarantees would include:
- Acceptable quality of the product or service.
- Fitness of the product or service for any disclosed purpose.
- The supply will be with all due care and skill.
The goods are not defective where a defect can exist by design, testing, manufacturing, warning or directions for use
A breach of such a guarantee by a manufacturer or supplier will give rise to an entitlement to a claim on the part of the injured person.
Negligence Claims
In order to succeed in a negligence claim against a manufacturer or supplier you would need to establish:
1. The manufacturer or supplier supplied a product which was unsafe, defective or comprised inappropriate warnings and in breach of the common law duty of care.
2. That loss or damage has been suffered caused or materially contributed to by the product.
Damages
Once a claim has been established the claimant is entitled to recover damages for their loss and injury. Such damages would include compensation for medical expenses incurred, loss of income, domestic assistance and for pain and suffering.
Brydens Lawyers has extensive experience and expertise in the prosecution of product liability claims. Claims prosecuted on behalf of our clients have included:
• Burns suffered from hairstyling products or skin products. • Injuries caused by defective appliances or equipment.
• Unsafe chemicals or pharmaceuticals.
• Defective medical prostheses, devices or implants.
If you believe that you have suffered injury or loss as a result of a defective product then contact Brydens Lawyers without delay as strict time limits apply. Contact Brydens Lawyers on 1800 848 848 or at brydens.com.au. At Brydens Lawyers – #WE DO product liability claims.