Product Liability Solicitor Compensation Claim
The law regarding a product liability claim for defective goods sold in Australia is to be found in the Trade Practices Act (TPA), in case law relating to negligence or breach of contract otherwise known as common law and in other state and federal statutes. Product liability claim solicitors mainly deal with the safety of consumer goods, including pharmaceutical drugs and biomedical devices rather than their unsatisfactory quality and as such most claims relate to litigation for damages for personal injury and/or claims for the value of the defective item.
Current LawThe law now covers the situation where a manufacturer supplies goods to a consumer who subsequently sells or transfers those goods to another person whereby that buyer and any subsequent owners are now protected by statute. Damages for personal injury as a result of using defective consumer goods in the manner in which they were intended to be used can be claimed against the seller of the goods in contract or against the manufacturer in negligence. The Trade Practices Act includes a statutory code for dealing with a potential product liability claim and defective goods.
Suppliers Manufactures Importers
It is only possible for a product liability claim solicitor to issue legal proceedings for a product liability claim under the Trade Practices Act (TPA) against a manufacturer or importer which is a legally registered corporation. The supplier is bound under the TPA to provide information about the manufacturer upon written request. In the first instance the defendant in a product liability claim is the manufacturer or importer, however in the event that the supplier will not or cannot identify the manufacturer, the TPS deems the supplier to be in the same category as the manufacturer. The claimant under the TPA can be almost any person sustaining loss or injured by the defective goods including the owner, user or a bystander provided the goods were for personal, domestic or household use.
A manufacturer will be liable under the Trade Practices Act (TPA) to pay compensation in a product liability claim when they supply defective goods that cause loss, damage or injury. The TPA defines a manufacturer as any corporation that actually made the goods or maintains that they made the goods or who applies their name or logo to the goods. In some circumstances the importer of foreign goods will also be included in the same category as the manufacturer. The term supply is wide ranging and includes sale, exchange, lease, hire or hire purchase.
Goods are defective by virtue of the Trade Practices Act (TPA) when the safety of the item is not of the standard that consumers are entitled to expect. Poor quality of manufacture or the fact that a better item comes along does not necessarily make a product defective. Courts decide this point after considering overall marketing, packaging, instructions on use and warnings of danger together with the date of sale and the purpose for which the item was sold and may have reasonably been expected to be used. Solicitors product liability claims generally fall into three basic categories as follows :-
In common with almost all legal action there are time limits for product liability claims and failure to comply may mean that the opportunity to claim compensation is lost forever. Legal action must be commenced by a product liability solicitor within 10 years of the supply of manufactured goods however legal action must also be commenced within three years of the defect becoming evident or within three years of the injury or within three years of discovery of the identity of the manufacturer. The limitation for personal injury claims also applies to actions based on breach of contract and negligence whereby the action must be settled or proceedings must have been issued in a court of law within three years of the negligent act or within three years of the discovery of the injury failing which, under normal circumstances the claim will become statute barred. There are exceptions to the three year rule for infants and the mentally incapacitated.
Product Liability Solicitors
Our product liability solicitors deal with personal injury compensation claims caused by defective products using the no win no fee scheme. If you would like free advice, without further obligation, just complete and send the contact form, email our offices or use the helpline and a lawyer will speak to you about how to protect your legal right to receive damages.LAWYER HELPLINE: ☎ 1800 221 167
This information is neither medical advice nor legal advice and it should not be used as a reason to disregard professional advice nor as a reason to delay seeking professional advice. Consideration of this website does not establish any legal relationship. This website does not advertise nor does it provide any services with regard to workers compensation claims in NSW or QLD. This website is not intended for viewing or consideration by residents of Queensland. QLD law prohibits the advertising of personal injury legal services in Queensland. If you were injured in Queensland or if you are a resident of Queensland we are unable to refer you to a legal practitioner. Our legal service is not available for any QLD accident claims or accident claims connected with QLD. The content of this website does not apply to residents of Queensland or to accident claims arising in Queensland nor to accident claims connected with Queensland. This website operates by way of referral and the proprietors are not involved in legal practice. The proprietors may charge a fee to a lawyer receiving instructions in relation to your enquiry which is governed by a separate private agreement between the proprietors of the website and the legal practitioner.