A common law action can be prosecuted on behalf of an injured person to recover damages as against the manufacturer or importer of a product which, in certain circumstances, is responsible for that injury.
There are strict liability provisions under the Australian Consumer Law. These laws generally applying to a manufacturer that supplies goods in trade or commerce. A manufacturer, under the Australian Consumer Law can be a company that is involved in:
- the making or assembly of goods;
- the importation of goods even if the maker of the goods is not located in Australia;
- uses its brand name in relation to the sale and marketing of the goods;
- promotes itself as the manufacture of the goods;
- permits another person or entity to promote the goods as having been manufactured by that company.
The laws pertaining to any product liability claims can be a combination of the Australian Consumer Law, State law such as the Sale of Goods Act and even the common law.
Any person injured as a result of a safety defect in a product or good that has been supplied in trade or commerce can prosecute a claim for damages commensurate with the injuries sustained.
ARE YOU ELIGIBLE
TO MAKE A CLAIM?
If you have been injured as a result of a safety defect in a product or good then in all likelihood there is available to you rights to claim compensation either under the Australian Consumer Law, State laws or the common law or a combination of all.
If the injured person is able to establish that there has been a breach of the legislation or the common law then the injured person would be entitled to recover damages for their injuries.
WHAT ARE YOU
ABLE TO CLAIM?
Any person injured as a result of a safety defect in a product or good is entitled to recover, upon the successful prosecution of the product liability claim damages for:
- non-economic loss or pain and suffering;
- treatment expenses;
- past economic loss or wage loss;
- future economic loss or diminution in earning capacity;
- loss of superannuation benefits commensurate with economic loss;
- value of gratuitous or cost of commercial assistance or care provided for the past and for the future;
- house and/or motor vehicle modifications;
- legal costs.
WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?
You should consult Brydens Lawyers as soon as possible following any injury sustained as a result of a safety defect in a product or good. There is no reason for you to delay. Strict time limits can apply to the making of such a claim.
Upon engagement Brydens Lawyers will commence to recover all evidential material which could include but not be limited to expert reports, medical records and the like.
WHAT IS YOUR
Your next step is to engage Brydens Lawyers. The sooner the better.
Brydens Lawyers will commence to recover all necessary and relevant evidential material to establish your entitlement to make a claim for compensation for the injuries sustained as a result of any safety defect in any product or good.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
With over 40 years of experience Brydens Lawyers are the experts in the prosecution of claims for damages for injury sustained as a result of a safety defect in a product or good.
Brydens Lawyers has successfully prosecuted thousands of product liability claims in order to recover maximum compensation for persons injured as a result of safety defects in products or goods. Brydens Lawyers are the experts in the prosecution of product liability claims.
LATEST NEWS FROM LEE
It was recently reported (SMH 23 February 2020) that the NSW State Government is considering changes to the workers compensation scheme which will provide for injured workers having to pay a "gap fee" for some medical treatment.
Apparently the State Insurance Regulatory Authority is considering the proposed changes and submissions made by Icare. Icare is the insurer responsible for about 75% of all claims made by injured workers and therefore submissions made by Icare would appear to carry a significant amount of weight with the government.
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