A product liability claim arises where an injury or loss has been sustained as a result of using a defective product or service. In this situation, the manufacturer or seller of the product may be liable for your injury.
These cases range from buying a defective toy or some other product, to suffering food poisoning or experiencing adverse reactions to consumable items. Claims can also arise as a result of faulty home or work appliances, medical devices, or dangerous drugs, chemicals etc.
Common types of product liability claims
Product liability claims can arise from a broad range of goods and services. Some of the more common examples we see in Queensland include:
- Defective consumer goods, such as faulty electronics, homewares or power tools
- Unsafe electrical appliances that overheat, catch fire or cause electric shock
- Contaminated or spoiled food and drink leading to food poisoning or illness
- Faulty children’s products, including toys, prams, cots and car restraints
- Defective medical devices, such as implants, surgical mesh or joint replacements
- Adverse reactions to pharmaceutical drugs or medications
- Harmful cosmetics or personal care products causing burns or allergic reactions
- Dangerous chemicals, cleaning products or industrial substances
- Faulty motor vehicle components, such as brakes, tyres or airbags
- Defective workplace machinery, tools or safety equipment
When is a product considered defective?
Under Australian Consumer Law and Queensland law, a product may be considered unsafe or defective where its safety is not what a person is generally entitled to expect. This commonly falls into one of three categories:
- A manufacturing defect, where an item is made incorrectly or differs from its intended design
- A design defect, where the product is inherently unsafe even when made as intended
- Inadequate warnings or instructions about a product’s safe use or known risks
If you have been injured by a product you believe was unsafe or defective, you can seek legal advice about your options. Roche Legal advises on product liability matters under Queensland law from offices in Brisbane, Springwood and the Sunshine Coast.
Frequently Asked Questions
Yes. Roche Legal offers No Win No Fee representation to everyone with a qualifying claim. Part of the qualification is that your injury from the defective product must be substantial. Contact us for a free initial consultation. We have offices in Brisbane, Springwood, and the Sunshine Coast.
Manufacturers have a duty of care to make sure their products are safe. If you’ve been injured because of a faulty product or negligent service, you may be entitled to claim compensation.
Usually the claim is against the insurer of the manufacturer and/or the distributor of the product.
Each case is different but compensation for a product liability claim under Queensland law could include:
– Past and future medical expenses, such as surgery and equipment.
– Past and future loss of earnings.
– Pain and suffering as well as loss of enjoyment of life.
– Paid and unpaid home help and nursing provided by anyone.
In Queensland, you must prove that:
– the product supplied was defective or unsafe in some way; and
– you suffered loss and damage.
You also need to show that there were no warnings that came with the product or that they were inadequate warnings.
Yes. In order to ensure your rights to claim are not lost you must file court proceedings within:
three (3) years from the time you become aware or should have become aware of:
– the defect;
– the manufacturer’s identity;
– your consequential loss; and
ten (10) years of the time the manufacturer supplied the goods with safety defects.
If the manufacturer or distributor is found to be at fault, it’s most likely their insurance company will be responsible for compensating you.
This depends on the individual facts of your case and how serious your injuries or loss is.
We strive to have claims completed within two (2) years if we have to take the insurer to court. We may be able to settle it out of court if the insurer is reasonable.
The first step is usually to get legal advice about whether you have a claim. Roche Legal offers a free initial consultation to discuss what happened, the product involved and your injury. If you have a qualifying claim, we can explain the process and act for you on a No Win No Fee basis.
Helpful evidence can include the product itself (kept in the same condition, if possible), proof of purchase such as receipts, the packaging and any warnings or instructions, photographs of the defect and your injury, and medical records about your injury. Keeping this material can help show that the product was unsafe or defective and that it caused your loss.