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What is product liability?

Product liability laws are there to keep consumers safe and encourage companies to make reliable products. If a product is defective and causes injury, the company responsible can be held accountable, and the injured person may get compensation.

Am I eligible to make a product liability claim?

To be eligible to make a claim, you must prove the following:

  • Your injury resulted from using the product. Remember to gather medical evidence to support your claim.
  • The product was defective in some way. Defects can arise from design flaws, manufacturing errors, or inadequate warnings or instructions.
  • The defect directly caused or significantly contributed to the harm you suffered.
  • The defect existed at the time of purchase.
  • You were using the product as intended. Please note that using the product negligently or in a manner not intended may affect your ability to make a claim.

If you’ve been hurt by a faulty product, contact us to explore your compensation options.

What are the most common types of product liability claims?

The following are the most common types:

  • Defective manufacturing: This type of claim involves a product that was originally designed without any flaws but became defective during the manufacturing or assembly process. The defect could be due to faulty components, contamination, or assembly errors.
  • Defective design: These claims focus on issues with a product’s design that can make it pose an unreasonable risk, even if it is manufactured correctly. These flaws are not limited to individual units but affect the entire product line because the flaw exists in the design itself.
  • Failure to provide adequate warnings or instructions: Manufacturers have a responsibility to warn consumers about potential risks associated with their products by providing clear instructions for safe usage. If manufacturers fail to fulfil this responsibility and someone gets injured due to the lack of proper warnings, they may be held liable for the injuries caused.

How much compensation can I get?

When you’re seeking compensation for a product liability claim, it’s important to understand that each case is different, so the amount of money you receive can vary. The compensation you can expect depends on how the incident has affected you physically, emotionally, and financially.

This includes reimbursement for:

  • Lost income: both past and future, including superannuation.
  • Pain and suffering: how your injury impacts your physical and mental well-being.
  • Care and support: professional care or support provided by family or friends. Also includes if you can no longer care for someone who depends on you.
  • Other costs related to your injury: medical expenses, travel and modifications to your home or vehicle.

If you want to know how much money you could get, give us a call today. In a free consultation, your lawyer will listen to your story, explain your legal options, and give you an idea of how much compensation you might receive.

How long will my claim take?

The length of your product liability claim will depend on its complexity, as well as the facts of your individual situation.

For an approximate length, speak to one of our expert team. Armed with the details of your case, we’ll provide an outline of the claims process, including how long your claim may take to resolve.

Meet the team

Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

Leon Monaco
Managing Partner
  • English
  • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
Vanessa Azzi
Senior Associate
  • English, Arabic
  • Motor Vehicle Accidents, Public Liability, Work Injury Damages
Kathryn Morcos
Solicitor
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accidents
Madeleine Jennings
Paralegal
  • English
  • Family Provision Claims, Public Liability, Motor Vehicle Accident, Product Liability
Meet more of the team

How much does a product liability claim cost?

We operate on a ‘No Win, No Fee’ basis. This means we only charge for our services if we secure a favourable outcome for your case. Simply put — if we don’t win, you don’t pay.

  • No upfront costs: We'll handle all the expenses throughout the case, so you don't need to be concerned about any ongoing costs.
  • No financial risk: We have a great track record of success, winning 98% of our cases. But if we can't win your case, you won't owe us any money thanks to our 'No Win, No Fee' policy.
  • Lower legal fees: In most cases, we recover the majority of our fees from the other party. This means you keep more of your total compensation.
  • 90-day risk-free trial: We offer a 90-day free trial so you can evaluate our work before committing to your claim. If you cancel anytime during this period, there's absolutely nothing to pay.
Find out more about our fees

Frequently asked questions

These are some everyday products that often have issues, including a few famous examples you might recognise.

1. Electronics and appliances:

  • Samsung Galaxy Note 7 smartphones had battery design issues which led to explosions (2016).
  • Whirlpool washing machines faced recalls because of door locks that could potentially cause fires (2016).

2. Automotive:

  • General Motors had to deal with an ignition switch defect that led to unexpected engine shutdown and safety system disablement (2014).
  • Toyota experienced an issue with certain models that could suddenly and unintentionally accelerate (2009).

3. Toys and children’s products

  • Magnetix Building Sets were recalled because small magnets were separating from plastic pieces, causing serious injuries or even fatalities when ingested by children (2006).
  • Thomas & Friends Wooden Railway Toys were found to contain excessive levels of toxic lead in their paint, which could cause developmental and neurological issues in children (2007).

4. Pharmaceuticals and medical devices

  • The Essure Birth Control Implant was recalled due to severe side effects like chronic pain, device migration, and fallopian tube perforation (2018).
  • Thalidomide, a drug prescribed to manage morning sickness in pregnant women, led to severe birth defects (1950s-1960s).

5. Food and beverages

  • A Listeria outbreak resulting in multiple deaths was traced back to contaminated rockmelons from a particular farm (2018).
  • Salmonella Enteritidis contamination in eggs led to a national recall in Australia (2018).

6. Furniture

  • The IKEA Malm series of dressers were found to be unstable and prone to tipping over, leading to tragic accidents, especially involving children (2016).
  • Herman Miller’s Aeron chairs had an issue where seat bolts could fail, causing the seat to separate from the frame (2000).

7. Tools and equipment

  • Black & Decker had to recall around 160,000 cordless electric lawnmowers because of a defect that could cause the mower’s motor and blade to turn on unexpectedly (2010).
  • DeWalt had to recall certain nail gun models due to a trigger malfunction that could cause unexpected discharge (2005).

This is by no means a complete list. If you’ve been hurt by a faulty product, chat with one of our expert lawyers today. We can help you secure compensation even if the defect isn’t well-known or it’s a unique issue that happened to you alone. While the examples we discussed earlier often involve design flaws, your injury could be due to a manufacturing error that only affected a few units of the product.

In general, you must begin your claim within three years of the date you became aware of your injury. When determining ‘awareness’ of an injury, the law considers when a reasonable person would have become aware of the injury.

In addition, the claim must be made within 10 years of the date that the business supplied the defective product.

If you’re outside the time limits, you may still have options—just speak to a lawyer as soon as possible.

The manufacturer is the main party liable for a defective product. The term “manufacturer” is broadly defined as the business that:

  • Makes or puts together the product
  • Imports the product (if the maker does not have an office in Australia)
  • Puts their own brand name on the product
  • Advertises themselves as the maker of the product
  • Allows someone else to promote the product as if they made it.

Most manufacturers have insurance to protect themselves and their customers. So, if a product is defective, it’s often the manufacturer’s insurance company that pays the compensation. This means it’s likely you’ll deal with the insurance company rather than the manufacturer directly.

You have the right to appeal if your claim is denied. While the process varies between states and insurance companies, your appeal will likely follow this path:

  • Your lawyer files a notice of appeal on your behalf, ensuring all time limits are met.
  • The insurance company files a response.
  • The Court sets a hearing date.
  • Your lawyer gathers evidence to bolster your case.
  • In Court, your lawyer represents you against the insurance company.

With our decades of experience and 98% success rate, it’s likely you will receive a positive outcome.

We will thoroughly investigate any additional benefits you may be eligible for, ensuring that you receive the most compensation possible. Depending on your injuries, you may qualify for the following benefits:

Total and Permanent Disability (TPD) claims

Did you know that most Australians are covered for Total and Permanent Disability (TPD) without even realising it? Most super funds automatically include a TPD insurance policy for you. If your injury makes it impossible for you to go back to work, you could be eligible for a TPD claim on top of your product liability claim.

Income protection claims

Some super funds automatically include income protection cover. If your injury temporarily prevents you from working, you could be eligible for income protection benefits. These benefits usually involve regular weekly or monthly payments, which act as a replacement for your lost income during that period.

If you’re unsure about your eligibility for TPD or income protection, we can help. Our team of lawyers will assess your situation and provide free advice on your options. Find out what you’re entitled to and how to get the most from your claims.

What our clients say

When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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Thank you for accomplishing so much in such a short time.

Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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Good result! We had a complicated claim but they got the job done.

My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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I knew it from the very first phone call: I had found a compassionate law firm.

Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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Monaco helped me get much more compensation than I expected.

Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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They helped me juggle my injury claim and my mum's full-time care.

I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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Monaco made the process easy for me, I wouldn't have succeeded on my own.

My experience with Monaco has been very good. Having commenced my TPD super claim myself, I soon was overwhelmed by the requirements. Although my claim was pretty small compared to others which make headlines, Monaco offered their services on a no win no fee basis.

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Today, after only 8 weeks, I got the best news: my claim was successful!

Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.

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Monaco's help reduced a 12-month process to just a few months.

My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.

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The bill? Surprisingly reasonable, less than expected.

Sally was very helpful and always kept me up-to-date so if you ever use Monaco Solicitors just make sure you get Sally she’s very good. And the bill was very reasonable I thought it would be higher.

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I am forever thankful! God bless you for being there for me whenever I called.

Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

Leon Monaco & team member

Why choose Monaco

It can be daunting to pursue a product liability claim, especially when you’re going up against big insurance companies. These insurers have significant resources and legal support, making it tough to fight for what you deserve. They might try to downplay your claim, pressure you into accepting less money, or even reject your valid claim altogether. But with Monaco by your side, you can overcome these challenges.

  • We level the playing field

    We have a deep understanding of how insurance companies work because we’ve been doing this for 25 years. Our team will leave no stone unturned, making sure you get the best possible outcome for your claim.

  • Proven track record

    We’ve won 98% of the cases for our clients. When people get help from a lawyer, their claims usually get sorted out faster, and they often receive bigger settlements.

Learn more about us

We have the experience you can count on

98%
SUCCESS RATE
25
YEARS EXPERIENCE
8,625
CLAIMS WON
$650m
COMPENSATION PAYOUTS

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