How to File a Product Liability Claim and Win Compensation

If you are injured because of a defective product or dangerous product, consulting experienced product liability lawyers Perth may help you protect your rights. In Australia, the law generally favours the consumer, but you need to know how to file a product liability claim for fair compensation properly.

Unsafe products may cause serious injury, but when these types of product defects exist due to a design flaw, manufacturing defect, or poor warnings/instructions, you can seek compensation through the legal system.

What You Need To Know About Australian Product Liability

In Australia, product liability is essentially an issue covered under the Australian Consumer Law (ACL), which operates as part of the Competition and Consumer Act 2010 (Cth). The ACL further sets out a number of rules as to how manufacturers and suppliers offer their products to consumers.

The ACL prescribes that manufacturers and suppliers of products bear the responsibility of making sure that their products are safe and without defects. A product can be “defective” if it fails to meet the safety level that a normal consumer would expect. Consumer injuries mostly happen due to defects in the following categories:

• Design defects
• Manufacturing defects
• Insufficient warnings or instructions
• Failure to comply with safety standards

Moreover, should you decide to initiate a product liability lawsuit under Australian Consumer Law, the only requirement for you to prove is that a defective product caused your injury; thus, you don’t need to be negligent (in fact, there is no fault requirement in strict liability).

Step-by-Step Guide to Product Liability Claims –

Step 1: Get Medical Help As Soon As Possible

Your health definitely should come first. In case a defective product has caused you some harm, you must get medical help without delay. Besides helping to confirm your recovery, medical records also serve as key evidence for a product liability claim case

Make sure that your doctor records the following:

• The type of injuries you have sustained
• How did you sustain the injury
• Ongoing treatment you may need

This information will later be used to establish that the injury was a result of the defective product.

Step 2: Preserve the Product and Evidence

Evidence is essential in a product liability lawsuit. As soon as possible, you should:

• Keep the defective product in its present form
• Retain packaging, instructions, and labels
• Store receipts or proof of purchase
• Take pictures of the product and your injuries
• Record information about how the accident occurred
• If there were any witnesses, get their contact information

Expert opinions from engineers or technical experts are often employed to establish how a defect occurred.

Step 3: Be Aware of Time Limits

In Western Australia, the time limits are very strict. Basically, you can only sue within three years from the day you realised, or ought to have realised, your injury and its cause.

The longer you put off, the more chances there are that your claim will be unsuccessful. Therefore, it is highly recommended to get legal advice from top personal injury lawyers Perth at the earliest time possible.

Step 4: Identify Who Is Legally Responsible

Liability can be attributed to:

• The manufacturer
• The importer (if the manufacturer is in another country)
• The distributor
• In some instances, the retailer

It is not always easy to determine who is liable, particularly in relation to imported products. Legal experts can trace back supply chains to determine who is liable.

Step 5: Establish the Legal Elements of the Claim

In general, to win your case, you must prove:

• The product was defective.
• The defect existed at the time of manufacture and was beyond the control of the manufacturer.
• You used the product as intended (or in a reasonably foreseeable manner).
• The defect caused your injury or loss.

Depending on the circumstances, claims can be made under statutory consumer guarantees, strict liability, or negligence.

Step 6: Issue a Letter of Demand

A letter of demand is typically issued before court action is commenced. This letter details:

• The defect
• The injuries sustained
• The financial losses suffered
• The compensation sought

Many product liability claims are resolved without the need to go to court.

Step 7: Commence Court Proceedings (If Required)

If an issue cannot be resolved through negotiation, the defendant(s) may be sued in the appropriate Western Australian court. Most disputes are settled before a trial. However, the mere fact of having a lawsuit option could be a stronger position if things turn out ‘necessary’.

Final thoughts

It’s a scary experience to bring a claim to Australia for defective products, but the legal system is there to help those who were victims of defective products. The best way to protect yourself financially and expose the liable party is by making the first step and getting legal help without delay.

If you suffer an injury caused by a defective product, then obtaining assistance from experienced product liability lawyers Perth will assist you in obtaining compensation from those responsible for your injuries.