Product Liability Claims

If you have been injured due to using a faulty or negligently designed product you may have a claim for compensation.

Examples of products which can cause injury:

  • Household appliances – washing machines, irons, etc.
  • Building products, power tools
  • Fertilisers and chemical products
  • Assistive equipment (crutches, wheelchairs, etc.), prosthetics
  • Air bags
  • Breast implants

The heads of damages which can be claimed are:

  • General damages for pain and suffering
  • Medical expenses
  • Loss of income
  • Superannuation benefits
  • Commercial value of care and assistance
  • Out of pocket expenses

If you believe you have sustained loss and would like to discuss your options or obtain some formal advice, contact Rogalski Lawyers for a free consultation.

Frequently Asked Questions

Who pays compensation if I succeed in my claim?

Generally speaking, the manufacturer, supplier or distributor which you have claimed against will hold insurance for this purpose. This means that their respective insurer will pay the compensation amount on behalf of the person or entity at fault.

What is the entity that I wish to claim against does not have insurance?

Most entities typically hold appropriate insurance. If no Policy of insurance exists then a claim can be brought directly against the person or entity which is alleged to be at fault for your injuries.

Will I need any documentation or evidence to support my claim?

It is helpful if you hold any relevant documentation or other evidence regarding the claim.  Proof of purchase, such as a receipt, is important evidence.  Helpful documentation includes photographs of the injury, photographs of the environment in which injury occurred and written confirmation that you have consulted medical professionals and paid for treatment. If the incident arose in the presence of the public inside commercial premises it may be that an incident report is prepared.  This report serves the purpose of confirming that an incident occurred and the circumstances of the incident.