Defective goods injuries compensation
A defective product can cause injuries. Australian laws and regulations are put in place to ensure that the products we buy are safe for us to use or consume. There are many different types of injuries that can occur through the use of defective goods or faulty products. Some of these personal injuries can be quite serious and can occur to many people throughout Australia.
By completing our no obligation FREE Online Injury Compensation Enquiry Form, we can help you ascertain the compensation you could be entitled to – at no cost to you.
With claims involving defective products or faulty goods, the key factor is to clearly establish that the product's defect was the sole cause of your personal injury. Every product on the marketplace, by law has to detail instructions and its contents. The Consumer Protection legislation makes manufacturers liable for personal injury caused as a consequence of any product defect.
If a business supplies products to consumers then they need to make sure those products are safe. Normally the responsibility falls square on the shoulders of the actual manufacturer of any product found to be defective. A manufacturer or producer can be a company that actually makes products, one that imports a product into this country or even businesses that customise other manufacturers products for their own stores. But stores and other retailers i.e. distributors also have responsibilities pertaining to the products that they sell on.
Issuing warnings and stating problems with a certain product on it's packaging does not completely remove all responsibility from the manufacturer or the retailer. If a retailer sells you a product that is faulty and you are injured it is normally the manufacturer of the product that you will be suing.
You do not have to have bought the product for you to be able to receive compensation should you be injured by that item. If you received it as a gift, as an introductory offer from a store or even won it in a competition this does not negate any liability.
If you have suffered an injury due to a defective product and would like to find out if you are entitled to compensation complete our FREE Online Injury Compensation Enquiry Form.
Unfortunately, the high standards required by the law are not always met throughout product manufacture, which can result in a potentially dangerous product being sold to people within Australia. Every year, many people (including children) are injured, scarred, or suffer serious illness as a result of the sale of defective products.
Similarly, you could be working with harmful materials on a daily basis in your employment and not be aware of the risks because your employer has not explained the correct safety procedure to follow.
Examples of defective products and faulty goods
Generally speaking, defective product liability claims apply to ALL consumer products and goods, including, but not limited to, the following categories of products and goods:
- food products
- building materials
- games and toys
- fitness, sport and gym equipment
- agricultural products
- cars and other vehicles
- household items
- goods used in the workplace
- personal goods such as cosmetics
- protective clothing
- Inaccurate packaging of food
- Electrical goods such as kitchen appliances or equipment
The above list is not exhaustive. Just about ALL consumer goods and products are covered under Australian law. If you have been injured by a defective product, then you should complete our FREE Online Injury Compensation Enquiry Form.
Millions of cosmetics are sold throughout Australia every year, ranging from soaps and shower gels to perfumes and hair dyes. All cosmetics should be made from safe ingredients and be clearly labeled as to what ingredients they contain.
Common injuries include bad reactions to hair dye or make up. The injuries sustained can be scalding, skin rashes and inflammation. Some of these create great embarrassment to the injured person whilst others cause pain and may leave scarring that may last for life.
- Claims can also be made for cosmetic treatments such as laser hair removal or laser eye surgery.
- Claims have also arisen from defective medicine and pharmaceutical products as a result of:
- Faulty bio-mechanical devices that cause an injury
- Inaccurate packaging or instructions on drugs
- Medical implants and joints causing injury
- Faulty implants
The above list is not exhaustive. As mentioned above, the legislation covers almost any product and just about ALL consumer goods and products are covered under Australian law. If you have been injured by a defective product, then you could be entitled to significant compensation. To find out what compensation you could be entitled to, please complete our FREE Online Injury Compensation Enquiry Form.
What is involved in claiming defective product compensation?
You can sue for compensation if death or personal injury is caused. In some instances, it may also be possible to claim for damage to private property.
To pursue a successful product liability claim, generally you will need to prove that another person or business organisation was responsible for your accident. In defective product claims, this could include the manufacturer of the product, or the person or shop that sold it to you. Basically, you have to prove that that item was defective and the defect caused your injury.
The fact that an item is of poor quality does not make it a defective product. Furthermore, the mere fact that a manufacturer comes up with a more satisfactory item at a later date does not make the original item defective.
A product is deemed defective only when its safety is below the standard consumers are entitled to expect.
Broadly speaking, courts look at the following issues when determining product liability claims:
- The purpose for which the product was originally supplied;
- The purpose for which the product might reasonably have been used;
- The manner in which the product was marketed;
- Any instructions, manuals or warnings given with the product; and
- The time the producer supplied the product.
What should I do if I have been injured by a Defective Product?
If you have been injured by a defective product
- Make sure you retain the original receipt, tax invoice or statement showing proof of purchase;
- Try to take good photographs of the faulty product itself; and
- Keep or store the defective goods as evidence.
If the accident happened at work:
- Make sure you reported it to the person responsible for it;
- Make a note of your accident in the accident book; and
- Take the names and contact details of any witnesses.
Remember to keep receipts for medical and prescription costs and traveling expenses and any other costs and expenses arising from your accident and injury.
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