Product Liability

If you have been injured from using a product, you can seek product liability litigation and legal advice to get compensation for your injury. 

Our law firm, Stephen Wawn & Associates specialises in providing expert legal guidance on a wide range of topics, including product liability in Sydney. 

Contact Us To Learn More

Product liability laws in Australia are mostly covered under the Competition and Consumer Act 2010, in Schedule 2 (Cth).

These laws are built to help protect consumers and ensure the safety of products in the market. It encompasses a wide range of matters, including personal injury claims, compensation claims, and the legal responsibilities of manufacturers and suppliers.

As a consumer in Australia, you enjoy certain rights and protections under Australian Consumer Laws that are designed to ensure your safety and well-being when using products. Some of these key rights include:

• Safety: Products must be safe for their intended use, and manufacturers must provide clear warnings about potential risks.

• Compensation: If a product causes injury due to a defect, you have the right to seek compensation from the responsible parties.

• Information: Manufacturers are obligated to provide accurate information about their products, including potential risks.

• Recourse: If you’re harmed by a product, you have the right to take legal action to seek justice and compensation.

Manufacturing Defects: When a product is flawed due to errors in the manufacturing process, consumers can file a product liability lawsuit. This includes defects that occur during production, assembly, or shipping.

Design Defects: If a product’s design is inherently dangerous or flawed, leading to injuries, it falls under design defect liability. This can involve flaws in the product’s blueprint or overall concept.

Marketing Defects: Another product liability tort can arise in marketing. For manufacturers, this is the failure to warn of the inherent risks of using the product and/or provide appropriate instructions for its usage.

Strict Liability: Under the strict liability provision in the ACL, product liability negligence on the manufacturer’s or supplier’s part doesn’t need to be proven. Instead, the focus of this type of product liability claim is on whether the product was defective or not of acceptable quality.

Breach of Warranty: A breach of warranty may be a breach of a written warranty or a breach of implied warranty. 

If a product fails to live up to its written warranty on labelling, packaging, a manual that comes with the product, or advertising for the product, then this is a breach of express warranty. 

If the law in your state applies a warranty to a specific type of product and the product fails to live up to this warranty, this claim would be a breach of the implied warranty of merchantability.

Manufacturers must take reasonable steps to uphold their duty of care for consumers to reduce the likeliness of harm or misuse. 

Therefore, manufacturers must:

• Practice reasonable care to ensure goods are safe for their intended use. They also must provide evidence to support these actions.

• Take reasonable steps to prevent any defects or safety issues in their products.

• Provide clear and accurate warning labels and instructions for product use. 

• If a safety issue or defect is identified after a product is in the market, manufacturers have a duty to initiate product recalls promptly. They must also report such incidents to relevant authorities, ensuring transparency and consumer protection.

• Must comply with all applicable product safety laws and regulations, which can vary by jurisdiction. This includes staying updated on any changes to these laws and adapting their practices accordingly.

• Maintain thorough records of product development, testing, and compliance. This documentation also serves as evidence of due diligence in case of legal disputes.

Manufacturers should also consider having product liability insurance. This helps protect businesses in the case of lawsuits related to product defects or injuries caused by their products.

Our lawyers provide businesses with legal advice around compliance for product liability law. 

We can assist you in creating preemptive strategies that reduce the likelihood of product liability lawsuits with systems for:

• Risk management
• Product recall policies
• Contractual advice
• Product labelling, advertising, information
• Quality assurance systems
• Regulatory compliance
• Product standards
• Legal counsel for directors’ and officers’ governance 

1. Consultation with a Product Liability Lawyer

Your claim begins with a consultation with an experienced product liability lawyer. This initial meeting allows us to assess the details of your case, determine its merits, and advise you on the best course of action.

2. Gathering Evidence

To build a strong case, we work diligently to gather evidence. This may include product testing, witness testimonies, and medical records, depending on the nature of your claim.

3. Negotiation and Settlement

Many product liability cases are resolved through negotiation and settlement before reaching the courtroom. Our experienced lawyers excel in negotiating fair compensation for our clients.

4. Product Liability Lawsuit

If a fair settlement cannot be reached, we are prepared to take your case to court. We will represent you vigorously and professionally to secure the compensation you deserve. If the debtor delays in providing the awarded settlement, our lawyers can also assist you in recovering the debt owed to you. 

 

Limitation Period: In NSW, there is generally a three-year limitation period for bringing a product liability claim to court. 

This time limit typically starts from the date when the cause of action arises, such as when the injury or damage occurred or when the defect was discovered. However, there can be exceptions or variations in specific circumstances. 

Are you a consumer suffering from a loss or damage from a product? Or a business looking to ensure product liability compliance to protect your company from costly litigation? 

Our corporate, commercial and civil law firm, Stephen Wawn & Associates is here to assist. As experienced product liability lawyers, we can help you in navigating the complexities of product liability in Australia.

Contact us today to start discussing your claim with our team.