Product Liability Claims

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Common Questions

What process will we follow in handling your claim?

We manage the entire claims process for you.

Step 1: You call us or meet with us, explain what has happened to you, and we tell you whether we believe you have a valid legal claim.

Step 2: If we believe your claim is valid and agree to take on your case on a No-Win – No-Feebasis, we will arrange an appointment at one of our offices. If it is difficult for you to travel, we can arrange a home visit.

Step 3: We collect evidence to support your case. In product liability claims, this usually involves referring your case to an expert.

Step 4: We file your claim with the appropriate court or tribunal.

Step 5: We communicate with you in language you can understand and support you at every stage of your claim, including settlement conferences, mediations and court hearings.

What are some common examples of defective items that cause injuries?

 Examples of items that are the subject of product liability claims include:

  • Defective consumer goods or domestic appliances (e.g. electrical items such as power point outlets, whitegoods, phone chargers, computers or children’s toys that result in injury by electric shock)
  • Defective machinery or machinery parts
  • Defective cars or car parts
  • Defective medical implants
  • Dangerous pharmaceutical drugs
  • Dangerous chemical products.

What do you have to prove to be successful in a claim?

You can take a manufacturer or producer to court over a safety defect in one of their products if you can prove that:

  • The manufacturer owed you a duty of care.
  • The manufacturer failed in their duty of care to you, either through action or inaction.
  • The failure of the manufacturer to comply with their duty of care to you as a consumer caused injury to you or damage to your property.

It is important to be aware that, if you were injured as the result of a defective or faulty product, this needs to be supported by medical evidence.

What issues will a court consider when determining whether a product has a safety defect?

When determining whether a product has a safety defect, the Australian courts will generally consider the following issues:

  • How and for what purpose the product was manufactured
  • Product packaging
  • The use of any trade mark in relation to the product
  • Instructions and warnings regarding assembly or use
  • Reasonable expectations about how the product may be used
  • The time when the product was supplied.

How much will your product liability claim be worth?

In Australia, the amount of compensation you can claim in a product liability case depends on your individual circumstances.

For this reason, we need to know the extent of your injuries and the details of your situation before we can give you an estimate of what you may receive as compensation.

The reality is that the process a court uses to calculate damages in compensation cases is a complicated process. In most cases, the amount of compensation is determined by placing a monetary value on the gap between your life path before the injury and since the injury.

How long does a claim take to resolve?

The time it will take to resolve your product liability case will depend on the facts of the case and its complexity. 

Once we understand the facts and have identified the legal issues in your case, we will be better able to estimate how long it will take to resolve your claim.

Who is liable for the faulty product?

In most cases, the manufacturer will be responsible for the cost if your product liability claim is successful.

Under Australian law, the manufacturer is usually defined broadly as the company that:

  • Makes or assembles the product or goods
  • Imports the product or goods
  • Uses its own brand name on the product or goods
  • Promotes itself to the public as the manufacturer of the product or goods
  • Permits another person to promote the goods as having been manufactured by the company.

In most cases, however, compensation payments will be covered by insurance.

Are there any time limits on bringing a claim?

In Australia, there are strict time limits for bringing a product liability case.

Some of these laws are state- or territory-based, while others operate nationally. The time limit that applies to your case may depend on the state where you live.

For this reason, it is important to seek legal advice as soon as possible after you have been injured or your property has been damaged.

What else can you claim – Superannuation/Total and Permanent Disability

Many superannuation insurance policies provide cover if you are totally and permanently disabled.

Payments under these policies will usually be in the form of a lump sum and are provided on top of any other claims, such as a claim for compensation.

In addition, you may be able to make a claim under a personal insurance policy. For example, you may be able to claim compensation if you have life insurance, income protection insurance, or sickness and accident insurance.

At MCL, we have a team of lawyers who specialise in superannuation, TPD and life insurance claims. They have the skills and experience to determine whether you are covered under these policies.

If you'd like to find out more about making a superannuation or TPD claim , then please call us on 1300 769 665.

Why choose MCL?

MCL is one of Australia’s premier compensation law firms.

Our lawyers have extensive experience in handling these kinds of claim. This means that your case will be assessed, valued and prepared expertly and efficiently.

We also know how to navigate your case through the court system in order to get the best possible result for you as quickly as possible.

Our lawyers have the expertise and experience to take on the large insurance companies that usually represent the medical service providers in these claims. Just as importantly, we have the financial muscle to go the distance against the limitless resources of these large insurers.

Our reputation for being tough, experienced and well-prepared means that the insurance companies respect us and are more likely to offer you fair and reasonable compensation for your injury or loss.

We provide a ‘No Win No Fee’ guarantee to all our clients. This means that you only pay us for our work after the successful conclusion of your claim.

Finally, if you entrust your matter to us, you will have your own lawyer, who will always be available to answer your questions and support you through the claims process.

Would you like a free initial consultation with a lawyer who is an expert in motor vehicle accident claims? If so, call us now on 1300 769 665.

Claim Process in 4 Simple Steps

1
Free consultation
We listen to your story and provide Free Case assessment and advice.
2
Investigation of your claim
We obtain your medical records, consult our medical experts and consider liability issues.
3
Court proceedings
Commencing court proceedings and building a strong case.
4
Negotiation
We manage all negotiations with the insurer and get the best possible settlement for you.

10 Reasons To Choose Us

No Win No Fee Guarantee

You can afford high quality legal representation without having to pay any upfront costs. We will never charge unless we successfully recover compensation. This means that if your claim is unsuccessful, you don’t have to reimburse us for any of the legal fees and expenses associated with your case.

Free advice from a solicitor

You can get free advice from one of our expert lawyers both on the phone and or in person. How does it work? You simply call us at 1300 769 665 and you will be transferred to one of our lawyers who will provide you with clear and comprehensive advice free of charge. You can also submit an enquiry online and, again, our written advice to you will be obligation free.

98% cases won

We win the overwhelming majority of our cases. Obviously, this doesn’t happen by chance – only hard, diligent work gets results. What does it mean for you? It means that nothing is left to chance and no stone is left unturned in getting you the successful result you deserve.

Award winning law firm

At MCL we take pride in our work and work tirelessly to be the best in the industry. We have been voted Personal Injury Law Firm of the Year 2018 (ACQ5 Global Awards) and Most Outstanding Australian Compensation Law Firm (AI 2019 Excellence Awards).

4.8 Star rating on Google

Don’t just take our word for it – look at independent Google reviews from our clients. In fact, Monaco has the highest Google rating within the industry.

Leaders in our field

For over 20 years MCL has been a leader in the field of compensation law. With 43 offices nationwide, we can deliver our services to you wherever you are. No matter how big or small your claim, we have the expertise to handle it successfully.

We are specialists in Product liability

At Monaco, our lawyers are some of the best trained and qualified in the industry. We have a team dealing exclusively with Product Liability claims, headed up by an Accredited Specialist dealing exclusively with Product liability claims. So no matter how complex your claim, we have the expertise to handle it successfully.

Maximum compensation

Don’t let insurance companies pay less than your claim is worth. You deserve substantial compensation for your suffering and it is our responsibility to get it for you. We have the training and expertise to ensure that nothing will be left to chance when preparing your claim. The result – maximum compensation recovered in every case.

We are in for the long haul

Compensation claims can be expensive to run. We have the financial muscle to go the distance against the limitless resources that can be deployed by the insurance companies. If we take your case, we’ll run it on a No Win No Fee basis, so you have nothing to lose.

Home and hospital visits

We have dealt with injured people over many years and understand that sometimes travelling to see a lawyer can be difficult. This is why we offer our free home and/or hospital visit service. All you need to do is ask!

Free Case Consultation

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