Product Liability Claims

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If you or someone close to you has been injured by a defective product, you should find out whether you can claim compensation immediately

When you buy a product, you expect that product to perform to a certain standard and carry out the function for which it was designed. Occasionally, however, products have defects that cause them to break or malfunction. Usually, this will just be frustrating. However, in some cases, a defective product may injure you or a family member or could damage your property.

Under Australian law, you have a right to expect that the product is safe and ‘fit for the purpose’ for which it was manufactured.

If you have suffered loss, damage or injury because of an unsafe or defective product, you should find out whether you can claim compensation as soon as possible because there are usually strict time limits on these kinds of claims.

If you think you may have a defective product claim, you should talk to one of our experienced lawyers

We will use our legal expertise to help you

At Monaco Compensation Lawyers, we are experts in product liability claims. We have a team of lawyers who specialize in this area of the law. Three members of the team are Law Society of New South Wales Accredited Specialists in Personal Injury Law.

Our legal team is also highly regarded both in Australia and internationally. In 2018, we were awarded Australian Personal Injury Law Firm of the Year in both ACQ5 Global Awards and in CorporateINTL Global Awards. In addition, in the AI 2018 Global Excellence Awards, we won Most Outstanding Australian Compensation Law Firm.

We are committed to getting the best possible result for you

We are also extremely committed to our clients. If we believe you have a valid claim, we will always allocate sufficient time and resources to handle your case appropriately. This is because the difference between winning and losing a product liability case often lies in the details.

If you retain us as your lawyers, how much will your product liability claim cost?

Free initial consultation

We offer a free initial consultation where we meet with you and evaluate whether your claim is viable from a legal perspective.

Alternatively, you can call us on 1300 769 665 and our lawyers will provide you with free initial advice over the phone. Most importantly, you will speak to one of our legal experts the first time you call our office.

No-Win – No-Fee Guarantee

We believe that everyone should have access to legal representation irrespective of their financial situation.

Our No-Win – No-Fee Guarantee is designed to assist if your current financial circumstances might otherwise deny you access to legal representation. The scheme allows for payment of our legal costs to be postponed until after the successful conclusion of your claim. If you have a valid claim, we will offer you a No-Win – No-Fee contract. It is a simple and easy-to-understand document that we will provide you before we start work on your claim. We will also give you an estimate of our legal fees before any work commences.

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

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-Fee basis, 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 policies provide cover for those who are totally and permanently disabled due to an accident. This cover will usually be in the form of a lump sum payment that is provided on top of any claims, such as a claim for compensation. Further, you may be able to receive some funds through a personal insurance policy.

For example, this may be the case if you have life insurance, income protection insurance, or sickness and accident insurance, which may include provisions for compensation should you be injured in an accident. At MCL, we have a senior team of lawyers that are specialized in Superannuation/Total and Permanent Disability who can determine whether you are covered under the policy.

For more information about superannuation claims, please visit superannuation page. Call us today to talk to one of our experts at 1300 673 970

Why choose MCL?

MCL is one of Australia’s premier compensation law firms. We are confident in our abilities. Read about us here.  That is why we provide a ‘No Win No Fee Guarantee’ to all of our clients. This means that you will only need to pay us for our work if and when your claim is successfully finalised.

Our lawyers have the expertise and experience to take on the big insurance companies. We also have the financial muscle to go the distance against the limitless resources that can be deployed by the insurers.

At MCL you will have your own lawyer, who will always be available to answer your questions and provide advice in relation to your claim.

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