A simple product that you use on a daily basis isn’t supposed to hurt you. However, when something goes wrong, a malfunctioning appliance, a hazardous cosmetic, or a faulty tool, the consequences may be painful and confusing.
Looking to take legal action with the help of product liability lawyers Perth against a product-related injury in Australia is precisely what you need to do next to protect your health and rights, as well as possible compensation.
Today, we will share with you some of the most crucial things that you need to do once you get injured by a product.
Your health is your number one priority. However insignificant the damage, you need to visit a doctor immediately. Certain injuries may not be noticed at that moment, and only a doctor will be able to notice the presence of internal burns or chemical reactions. Report to your physician on which product caused it and how. Obtain a comprehensive medical report. It will assist you if you decide to raise a claim. Emergency treatment will ensure that you are healed quickly, and you will also receive a formal report of the accident.
Never attempt to repair or do any kind of test on the product yourself. In case you notice anything wrong with it, then quit using it. If it is an electric appliance, then unplug it as soon as possible in a safe way. Do not throw away the product; store it in a safe place. This could even come in handy in future when you file a claim or when you go to the authorities.
Evidence presentation in your case can be very effective. Store the product in a safe location where it will not be spoiled or damaged. Take specific photographs of your injuries. Click a photograph of the product and also add warning labels or defects. Store packaging, receipts, and manuals. Wherever possible, include the time and place of purchase, how you utilized it and what went wrong. Such minute details can be cited to argue that there was no misuse that led to the injury, but rather it was the product.
When you’re safe, it is now time to make sure the right people know what happened. Report to the retailer or manufacturer. They can either recall the product or issue a warning. Call the ACCC. You need to make a report on their official site. ACCC monitors unsafe products and has the potential to research severe types of product liability cases. In case of an injury at the workplace, you should report to your employer and Safe Work Australia. Reporting assists in avoiding the occurrence of the same to other people.
Under the Australian Consumer Law (ACL), Australian consumers enjoy a high level of protection.
This applies both when the product has been manufactured in Australia and when the product was imported.
Key protections include:
Knowing your rights will make you move to the next steps confidently.
In Australia, responsibility may fall on several parties depending on the case.
Your claim can target one or more of these parties, depending on who was negligent or breached consumer law. In case of doubt, you can contact a lawyer, who will be able to guide you on who should be legally held liable.
In case you choose to sue, you will need to have evidence to prove.
Keep the following:
The better documented you are, the better your case will be.
The Australian law has time restrictions that the claimant must follow regarding injury claims.
Being fast implies that your evidence is more recent and your statement is more powerful.
Being injured by the very product that you used can be traumatising and incredibly unfair, but you have an option to take a stand. In case you wish to take legal action, you should know what your rights are under the Australian Consumer Law and seek legal advice through the services of personal injury lawyers Perth. Keep yourself safe, be vigilant and do not be afraid to speak up, since what you do today may save another person the pain of being harmed in future.
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