The product liability provisions of the Trade Practices Act allow persons who suffer injury or loss as the result of a defective or negligent product to take legal action for compensation against the supplier of that product.
A product or goods is deemed defective and negligent if it does not provide the level of safety that is expected by the general community. The different levels of safety will differ between cases and subsequently it is for the court to verify and determine whether a product is defective, faulty, unsafe or unsatisfactory.
There are various factors the court will take into account when making its determination, including the following:
- How the product has been marketed
- Its packaging
- Sufficient product instructions / manual
- Clear and precise warning labels
- The expected use of the product.
- Who the product has been supplied through
In relation to product liability, the purpose of compensation is to compensate for the following possibilities resulting from the use of a defective product or goods:
- Personal injuries
- Damages to property
- Loss of earning capacity
- Medical and hospital costs
- Dependant spouse and / or dependant children
If you have a legal matter involving product liability, a lawyer will able to assist you by advising you on your rights, determining the best option in pursuing your matter, negotiating a settlement on your behalf and representing you in tribunal and court appearances.
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