We’ve Got You Covered
We are experts in handling cases related to Product Defect and Product Liability. We assist clients who have been adversely affected by defective or unsafe products. Our legal team provides comprehensive support in claiming compensation for injuries or losses resulting from such products. Whether it’s a manufacturing defect, design flaw, or inadequate warnings and instructions, we are equipped to address all aspects of product liability. Our approach focuses on holding responsible parties accountable and securing the rightful compensation for our clients.
Karena Nicholls
Partner
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What are Defective Product Claims?
Where a manufacturer, distributor or company has supplied or sold a product with inadequate warnings, faulty, dangerous, or unfit for its intended purpose you may be entitled to compensation under product liability law. Examples of potential claims include:
- Car accidents caused by a defective part
- Injury caused by a faulty electrical or electronic appliance or product
- Injury caused by defective equipment or product
- Injury to children caused by faulty toys or products
- Injury suffered from products used either on or in the body
Why Does Product Liability Exist?
Product Liability is a safeguard for consumers that protects them from products that are faulty or dangerous. There could be injury, financial loss and even death because of a defective product. Australian Consumer Law (ACL) is the federal law that is usually applicable to Product Liability Claims.
What Compensation Can I Access?
Each individual circumstance is different. Along with product liability compensation, you may also receive compensation for medical expenses, loss of earnings, physical and/or psychological injury, and loss of enjoyment of life. Our Personal Injury team can assist you with any other forms of compensation that may be available, subject to the circumstances.
The Claim Process
A consumer has three (3) years from the date they are made aware of a loss or defect, or the identity of the manufacturer to make a claim.
- The Consumer must prove there was a defect with the product
- The Consumer needs to prove that they suffered a loss or damage
Loss and Damage may include:
- Economic loss as a result of the defective product
- Injuries suffered by the person who is making the claim
- Injuries or death of another person, other than the person making the claim
After these have been established, the consumer can initiate the claim by taking action against the manufacturer in court or making a complaint to a consumer protection agency such as the ACCC.
What to Expect with Coutts Lawyers
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.
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Introducing Karena
Your Compassionate Lawyer
Meet Karena, a Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Injury Compensation and Employment Law teams. With over two decades of experience in the field of Insurance Law, Karena’s passion, dedication, and client-focused approach have established her as a leading authority in compensation and employment law.
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Product Defect & Product Liability FAQ’s
Yes, you can make a claim even if you did not purchase the product. The key concern is the harm or damage caused by the product, not the act of purchasing it. If a defective product injures you, irrespective of how you acquired it, you may be entitled to compensation.
In some instances, it may be challenging to trace the manufacturer, especially if the product was imported or if the company has since gone out of business. However, claims might still be made against suppliers, retailers, or even importers. A skilled lawyer can help navigate these situations and identify the appropriate party or parties to pursue.
Yes, manufacturers or suppliers might use several defenses, including asserting that the product was altered after it left their control, or that the user misused the product in a way that wasn’t foreseeable. It’s essential to anticipate these defences and build a robust case with the help of an experienced lawyer.
Yes, manufacturers or suppliers might use several defenses, including asserting that the product was altered after it left their control, or that the user misused the product in a way that wasn’t foreseeable. It’s essential to anticipate these defences and build a robust case with the help of an experienced lawyer.
Yes, if possible, you should retain the faulty product as it can be vital evidence in your claim. It’s best to keep the product in the same condition it was when the injury or damage occurred, without attempting to fix or alter it.
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