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Thanks to Australian Consumer Law, products made available for sale in Australia must be safe and meet relevant standards. If a product causes you injury because of a safety defect, you are able to seek compensation – but there are a few things that are important to know for a successful claim.
In what situations can I claim compensation?
If you as a consumer suffer loss, damage, or injury resulting from a safety defect in a product, Australian Consumer Law allows a claim for compensation to be made against the manufacturer. This compensation aims to alleviate the loss that you’ve experienced. Examples of situations where injury claims can be made include faulty appliances, car parts, or even an injury resulting from the use of products on the body. Furthermore, if dangerous products are not sufficiently marked with warning labels and injuries are sustained as a result, this can be a cause for a claim.
What do I do if I’ve been injured by a faulty product?
If you’ve been injured by a faulty product, make sure you seek treatment immediately and maintain health records showing the extent of the injury. It’s also important to advise the health care professional of the circumstances behind your injury so that they can keep a record. Australian laws specify that strict time limits apply for compensation claims, and this is so that illegitimate claims cannot be brought about later. It’s therefore important that you act quickly.
Do I need to let the manufacturer know that I’ve been injured?
Yes you should report it to the manufacturer as soon as possible. Manufacturers are required by law to report any injuries, death, or illnesses associated with consumer products. Australian Consumer Law takes the safety of consumers very seriously. This is why they place such stringent requirements on product manufacturers, and have a strict process when dealing with injuries resulting from products.
What proof is required?
For a product liability claim to be actioned, there must be proof that the manufacturer or supplier sold a product that was unsafe.
Who is liable?
In the case of an injury claim, the manufacturer of a product or its importer is usually held liable. However, if the product has been supplied by a retailer and the manufacturer or importer cannot be identified, then the retailer themselves could be deemed liable.
What type of compensation might I receive if successful in my claim?
Sometimes compensation is provided in the form of a lump sum payment, and sometimes a plan will be put in place to pay for bills as they fall due (e.g. medical treatment bills). The product manufacturer’s company will usually pay the claim.
Can the ACCC represent me?
In the event that there has been widespread injury as a result of an unsafe or faulty product, the Australian Competition and Consumer Commission may represent consumers as a whole when staking a claim against a product manufacturer.
Should I seek specialist legal advice?
Seeking specialist legal advice will help you build a case against the manufacturer to recover costs such as medical expenses, loss of earnings, pain and suffering, and any other related care that is required as a result of your injury.
What process does Henry Carus + Associates take in a defective product claim?
The main goal of our firm is to discover and display that the product failed because the manufacture designed it incorrectly. This takes research and evidence that the user didn’t create the malfunction or damage the product previously.
Our firm will document every little item connected with the product and the users history. Our firm will then reach out to an expert who will investigate and prove what actually occurred. We will follow the standards from national and international product guidelines.
Is it treated like a normal public liability claim?
With product malfunction cases the corporations behind the products will strongly defend themselves. They will do vigorous research and hire the best legal team to prove that the product user was at-fault. This is a major difference, compared with a public liability claim. This makes it even more vital to hire a team that’s experienced and willing to persevere through the long case to get that successful conclusion.
Henry Carus has this experience that you need. He has received the successful judgements after vigorously pursuing such claims. This experience will deeply benefit your case.
