Product Safety Claims and Injury Compensation – Explained
When a product doesn’t work properly, it can cause a lot of frustration. However, it’s even worse when a faulty product results in an injury. As consumers, we can reasonably expect our products to be safe and operate according to their intended purpose.
If you are injured by a defective or faulty product, you may be able to make a product liability claim, allowing you to seek compensation from the manufacturer or distributor of the product. You may be able to make a claim regardless of whether the product was manufactured or bought from Australia or overseas.
How Is a Product Legally Defined as Faulty?
A product can be considered faulty or defective if it does not meet a standard of safety that the public can reasonably demand. As you might expect, how this standard is determined varies depending on the product and the scenario.
Courts will consider a number of factors, such as:
- the purpose of the product
- packaging, instructions and warnings included
- when the product was supplied
- how the product might reasonably be used
Product liability claims are brought against a variety of goods, from baby products and defective household appliances to unsafe chemical products and pharmaceuticals. The reasonable expectations of safety can be dramatically different depending on what the product is.
One area where there is a little more consistency is older products. Expected levels of safety are different for older products because they cannot be expected to be as safe as brand new products due to wear and tear over time or because of changing safety standards.
What Can I Claim For?
Each product liability claim is unique due to a variety of different factors that can be involved, from the type of injury sustained, the type of product that caused the injury and where it was made.
Generally speaking, compensation is available for physical and psychological injuries, medical expenses, past and future losses, future treatment and care as well as pain and suffering in some cases. There may also be additional avenues to access compensation depending on your circumstances. An experienced compensation lawyer can help you determine this.
Speak to Brisbane Injury Lawyers
If you’ve sustained an injury as a result of a defective or faulty product in Queensland, you should speak to a personal injury lawyer as soon as possible to determine your legal options. Time limits apply to making a claim, which can often be a lengthy process due to the necessity of proving that the manufacturer or distributor supplied an unsafe product or a product with inadequate warnings.
The experienced team at Brisbane Injury Lawyers offer a “no win, no fee” service and will strive to help you receive the compensation you deserve. Call today on (07) 3171 9313 or contact us online.
