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 through a faulty electrical or electronic appliance or product;
• Injury caused by defective equipment or product;
• Injury to children caused by faulty toys or products; and
• 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 a product liability compensation, you may also receive compensation for medical expenses, loss of earnings, physical and/or psychological injury, 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.

1. The Consumer must prove there was a defect with the product
2. 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.

Why Choose Coutts?

At Coutts we are proud of our “No Win No Fee” policy as we understand the financial burden obtaining a solicitor can have on an individual. We also provide a free Initial consultation and case assessment advice at the beginning of your matter. At Coutts, we pride ourselves on providing flexible services to our clients and we will commute to you for appointments. We endeavour to respond to our clients within a 24-hour time frame and have a one point of contact.

Our Personal Injury team at Coutts appreciates the complexity and difficulty of a Product Liability Claim. Our Lawyers are experts in the field of personal injury claims and can provide comprehensive advice in relation to product liability claims. We recognise that a defective product claim is often stressful, but our team are here to provide the support you need.