Sydney Product Liability Claims
Have you suffered an injury as a result of a defective product? You may have grounds to bring a product liability claim. These claims can arise when a product is unsafe, poorly designed or does not perform as expected. This can also include situations where food products are contaminated during production, processing or handling, exposing consumers to harmful bacteria, viruses or toxins. In many cases, the claim may be brought against the manufacturer, importer or supplier responsible for placing the defective product on the market.
Product Liability Lawyers Sydney
When people suffer injury as a result of defective or unsafe goods, a product liability claim may be pursued to seek compensation for resulting losses.
These can include situations such as a child sustaining harm due to a toy that did not meet safety specifications, electrical appliances that cause severe burns or contaminated food that results in illnesses such as hepatitis or other diseases. Sometimes, a company may decide to recall a product when they realise it is not safe, but this often only happens after someone has already been injured.
If you have been injured because a product was defective or failed to meet required safety standards, you may be entitled to bring a product liability claim for compensation.
How BPC Can Help with Your Product Liability Claim
BPC Lawyers are accredited specialists in personal injury law and regularly assist people injured by defective products. Our compensation lawyers at BPC can review the circumstances of your injury, explain whether you are eligible for a defective product liability claim and guide you through the process.
We offer a No Win, No Fee arrangement in many compensation matters, meaning you can obtain legal advice without upfront legal costs. If you believe a defective product has caused your injury, you can contact us for a free case appraisal with our product liability claims lawyers and understand the options available.
Are You Eligible to Make a Product Liability Claim?
Whether you are eligible to make a product liability claim will depend on the circumstances. To seek compensation through a product liability claim, there must be evidence that the product was defective or unsafe and that the defect caused your injury or loss. Evidence may include the product itself, medical reports, purchase records and details explaining how the injury occurred.
In Australia, several laws provide legal protection for consumers injured by faulty or unsafe products. Depending on the circumstances, a claim may arise under:
- Australian Consumer Law (ACL), which provides protections when goods are defective, unsafe or fail to meet consumer guarantees.
- Civil Liability Act 2002 (NSW), which allows claims under the common law tort of negligence where a manufacturer or supplier has failed to take reasonable care.
- Contracts Review Act 1980 (NSW), which may apply when a contract relating to the product is found to be unjust.
Understanding these laws and the elements of a product liability claim can help determine whether you are eligible to pursue the case.
What Can Be Compensated from a Successful Product Liability Claim
If a product liability claim is successful, compensation may be available for the losses caused by the injury. The amount and type of compensation will depend on the nature of the injury and its impact on your life.
In some cases, compensation may include:
- Non-economic loss, including damages for pain and suffering.
- Past and future medical expenses, where treatment or ongoing care is required.
- Past and future economic loss, including loss of income or reduced earning capacity.
- Loss of superannuation benefits, linked to past and future economic loss.
- Gratuitous care, or the cost of commercial care and assistance provided in the past or required in the future.
- Home or motor vehicle modifications that are necessary because of the injuries.
- An allowance for legal costs, where applicable.
The types of compensation available will depend on the specific circumstances of the defective product liability claim and the extent of the injuries involved.
Product Liability FAQs
In New South Wales, you generally have three years to start a product liability claim for an injury.
This three-year period begins when you become aware, or should reasonably have become aware, of the injury, the product defect and the identity of the manufacturer responsible.
If you do not start your claim within this time, you may lose your right to seek compensation. Since identifying the defect and the manufacturer can take time, it is ideal to seek legal advice as soon as you think a defective product may have caused your injury.
The success of a product liability claim depends on the evidence available and whether the defect in the product can be linked to the injury suffered. These matters could involve technical issues, including product design, safety standards and expert evidence.
BPC Lawyers are accredited specialists in personal injury law and have extensive experience handling defective product claims in New South Wales. Before proceeding, our faulty product lawyers will assess the available information and advise whether the claim has a reasonable legal basis.
This early assessment helps clients understand the strength of the claim and the steps that may be required to pursue compensation.
It depends on the circumstances of the case. Not all product liability claims proceed to court. The outcome depends on how the defendant responds once the claim is raised and the nature of the injury caused by the defective product.
Some matters may be resolved through negotiation or settlement discussions. In other cases, when responsibility is disputed or the consequences of the defective product are significant, court proceedings may be necessary. Each product liability claim is different, and the process will depend on the circumstances of the case.
If you believe a defective or unsafe product caused your injury, you should seek legal advice as soon as possible. Early advice can help identify the product involved, preserve evidence and determine who may be responsible for the defect.
To discuss your situation, you can contact BPC Lawyers on (02) 8280 6900 or request a free case evaluation. We can review the circumstances and explain the steps involved in bringing a product liability claim.
Our Sydney Product Liability Lawyers
Find out more about our team of experienced product liability lawyers.
