Have you been injured as a result of a poorly designed product? In Australia, product liability law is a combination of Common Law and legislation. If you have suffered injury, loss, or damage as a result of using a faulty or defective product, you may be able to make a product liability compensation claim.
Products that may cause injury include:
- Household appliances, washing machines, irons, etc.
- Building products and power tools.
- Fertilisers and chemical products.
- Assistive medical equipment including wheelchairs, crutches, prosthetics.
- Airbags
- Breast implants.
If you have suffered a physical injury due to a faulty product, you may be able to make a product liability claim based on:
- Defective manufacture.
- Defective design.
- Failure to provide adequate warning or instruction on how to use the product appropriately and correctly.
Each case is unique, and any compensation claim will be based on the nature of the accident and your personal circumstances. As a general guide, you may be eligible to claim for:
- General damages for pain and suffering.
- Medical expenses.
- Rehabilitation expenses.
- Loss of income.
- Superannuation benefits.
- Commercial value of care and assistance costs.
- Out of pocket expenses.
Manufacturers that are responsible for supplying faulty or defective products are considered to be negligent and are therefore liable for damages to their consumers.
If you have suffered an injury while using a defective product, you may be entitled to a substantial compensation claim. As experts in product liability claims, Rogalski Lawyers are here to help you get the damages to which you are entitled.
FAQs
How do I prove my injury occurred as a result of a defective product?
You must be able to prove that the product was defective and that you suffered injury or loss as a result of using the product. You must also be able to show that you were using the product as it was intended to be used, or that you were using it according to the manufacturer’s instructions.
What proof will I need to make a product liability claim?
The more proof you have, the better chance you have of a successful claim.
Documentation or evidence may include:
Documentation or evidence may include:
- Photographs of injuries sustained.
- Photographs of the environment, or damage to vehicles or property.
- Medical records, referrals and receipts for medical treatment.
Who will pay the compensation amount if I succeed in my claim?
The manufacturer, supplier or distributor that you are claiming against will, in most cases, have the appropriate product liability insurance. This means that their respective insurer will pay the compensation amount on their behalf.
Who is responsible for the faulty product that caused my injury?
Either, the manufacturer, supplier or in some cases the distributor is responsible for faulty products.
How much will it cost me to make a product liability claim?
Rogalski Lawyers offer a free initial case assessment and have a No Win, No Fee policy. You will only pay for our legal services once a successful outcome has been achieved. You will always recover the majority share of compensation.