Defective Products

Defective Products

If you have been injured due to a defective product you may be entitled to compensation.

Claims may be made against the manufacturer or importer of the product, or in some cases, the retailer who sold or supplied it. You should retain any documents you have regarding the purchase of the product, including receipts, terms of warranty and instruction manuals. You should also (if possible) retain the defective product.

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Frequently Asked Questions

  • Why do I need a law firm like Bennett & Philp?

    If you have suffered an injury due to a defective product you will:

    • want expert and personally relevant advice about your prospects of success and whether your claim is worth pursuing
    • need an expert who has the experience and expertise to thoroughly investigate your potential claim and to gather the necessary evidence to prove that the product that caused your injury was defective
    • want detailed advice about how much you can claim
    • want experienced lawyers to relieve the stress and burden involved in initiating and running your claim professionally and efficiently
    • want a law firm with procedures in place to ensure that no time limits are missed
    • want a law firm who knows how to properly liaise with insurance companies to ensure that you are adequately compensated and your interests are protected.

     

    What this means for you is peace of mind that your matter is in the hands of experts, your legal fees are kept to a reasonable level and you receive the maximum damages award.

    If you have been injured as a result of a defective product, it is very important that you seek our advice as soon as possible. A defective product claim can be a complex process, and it is vital you have expert legal advice to ensure negligence can be proven.

  • Am I eligible to make a claim?

    If you have suffered an injury as the result of a faulty, unsafe or defective product, then you may be entitled to make a claim against the manufacturer, importer and/or supplier at fault for the defect provided that you can show:

    • the manufacturer, importer and/or supplier owed you a duty of care;
    • that duty was breached, by establishing the manufacturer, importer and/or supplier failed to do something or, alternatively, by doing something they shouldn’t have in the circumstances;
    • that the failure caused you to suffer an injury, which will need to be supported by medical evidence; and
    • that the manufacturer, importer and/or supplier has supplied a product that is unsafe, defective or not fit for the purpose, or has inadequate warnings.

     

    Our lawyers can advise you about a range of defective products from consumer goods, such as defective toys, to industrial equipment, such as farm machinery. Contact us today to obtain legal advice about your particular circumstances.

  • What can I claim?

    You may be entitled to receive damages for:

    • pain and suffering and permanent impairment;
    • lost earnings/income;
    • medical, hospital, rehabilitation and other costs;
    • loss of occupational superannuation benefits whilst you are off work;
    • care and assistance provided to you; and
    • future loss of earnings/impairment of earning capacity caused by the injuries up to your anticipated retirement age.

     

    Your damages are generally tax free.

  • Important time limits

    The law relating to defective product claims is complex and strict time limits apply – it is important that you contact us immediately to obtain advice on your claim.

    3 years to commence court proceedings

    In Queensland, you need to lodge your claim within 3 years of the date of your injury. In most cases, you won’t be able to make a claim after this time.

    If legal proceedings are not commenced within 3 years of the date of the accident, in most cases you will lose your right to bring a claim. It is important to consult our expert lawyers to make sure your interests are protected.

  • What do I do after I have been injured?

    To strengthen your product liability claim, you should take the following immediate steps:

    • seek medical treatment immediately and advise your doctor to record in detail the circumstances of how you were injured;
    • keep a record of purchase or print out a bank/credit card statement proving purchase of the defective product;
    • keep records and receipts of all medical expenses and the dates of all medical consultations;
    • keep records of any wages you have lost as a result of your injury;
    • take photos of your injuries, where possible;
    • take photos of where you were injured, where applicable;
    • keep the product that caused your injury, if possible;
    • obtain witness details as early as possible before potential witnesses disappear, and
    • do not return the product to the manufacturer, as it represents significant evidence.

     

    Seek urgent legal advice from our product liability experts at Bennett & Philp.

  • The compensation calculation

    Compensation amounts are calculated based on the amount of harm or loss you suffer. There are many variables which impact on the amount of compensation you can receive, however it largely depends on:

    • the severity of your injuries and the impact those injuries have on your life and your ability to work;
    • any previous injuries or pre-existing medical conditions that have been aggravated by the incident (including psychological conditions);
    • your age, your loss of earnings and likely loss of earnings in the future;
    • your out of pocket expenses;
    • the amount of care you need or may need, and
    • any future expenses incurred as a result of your injuries sustained from a faulty product.
  • Who do I claim from?

    Depending on the circumstances, it may be a claim against either the manufacturer, importer or supplier of the product or equipment as well as individuals or companies through which the goods may have passed such as wholesalers, stores and retail outlets.

    The individual, manufacturer, importer, distributor or company responsible for the fault/defect will most likely be insured to adequately compensate you for your injury.

  • How long will it take to finalise my claim?

    On average it takes 12 – 24 months for a public liability claim to settle. The time taken for a negotiated settlement to be reached will depend on the facts and complexity of your particular case and on the severity of your injuries.

    If your injuries are relatively minor and you make a quick recovery, then your claim will be able to be settled relatively quickly.

    If your injuries are more persistent, then it is important to wait until your injuries settle or stabilise to better determine the long-term impact of your injuries.

    One of our expert personal injury lawyers at Bennett & Philp will be able to give you a more accurate estimate of the likely duration of your claim.

Our expert personal injury team at Bennett & Philp has significant experience in dealing with a broad range of defective products from consumer goods, such as defective toys, gym equipment or electrical items to industrial equipment such as farm machinery. Our personal injury lawyers are experts in such claims and can represent you in your claim.
 

No Win No Fee

We provide access to justice and compensation. If you engage our services, you will only need to pay our professional fees if there is a judgment or settlement in your favour.

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Want More Information? 

Defective products are a common cause of injuries. Products are considered to be ‘defective’ if the standard of safety of the particular product is below what a reasonable person would expect of it.

In Australia, manufacturers, importers and retailers have a duty of care to ensure that their products are suitable and safe for your use. If you have been injured as a result of a faulty or defective product, you may be entitled to make a compensation claim for your injuries.

Examples of product liability claims include:

  • Faulty medical implants or devices;
  • Faulty goods or household appliances;
  • Faulty machinery, cars or parts, and
  • Dangerous drugs or chemical products.

Claims in respect of defective products are far from straightforward, hence why you need the advice of an expert lawyer. For a claim to succeed, we must prove that the manufacturer and/or distributor supplied a product that was unsafe, defective and/or failed to have appropriate warnings.

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Expert personal injury advice

Contact us today for a personalised obligation-free advice regarding your particular circumstance.

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