Product Liability Claims | Brydens Lawyers

Overview

Product Liability

A common law or statutory claim can be prosecuted by a product liability lawyer on behalf of a person injured as a result of a defective product. The claim can be brought as against the manufacturer or importer of the product.

There are strict liability provisions under the Australian Consumer Law. These laws generally apply to a manufacturer who supplies goods in trade or commerce. A manufacturer, under the Australian Consumer Law can be a company that is involved in:

the making or assembly of goods;
the importation of goods even if the maker of the goods is not located in Australia;
uses its brand name in relation to the sale and marketing of the goods;
promotes itself as the manufacture of the goods;
permits another person or entity to promote the goods as having been manufactured by that company.

The laws pertaining to any product liability claims can be a combination of the Australian Consumer Law, State Law such as the Sale of Goods Act and even the common law.

Any person injured as a result of a safety defect in a product or goods that has been supplied in trade or commerce, can prosecute a claim for damages commensurate with the injuries sustained.

Make A Claim

What You Need To Know

Are You Eligible to Make a Claim?

If you have been injured as a result of a safety defect in a product or good, then in all likelihood, you may have the right to seek compensation under the Australian Consumer Law (ACL), State laws, the common law or a combination of all.

If the injured person is able to establish that there has been a breach of the legislation or the common law, then the injured person would be entitled to recover damages for their injuries. If so, the first step should be to engage with product liability lawyers as soon as possible.

What Are You Able To Claim?

Any person injured as a result of a safety defect in a product or good is entitled to recover, upon the successful prosecution of the product liability claim, damages for:

non-economic loss or damages for pain and suffering;
past and future medical expenses (if applicable);
past and future economic loss or wage loss (if applicable);
loss of superannuation benefits commensurate with past economic loss and future economic loss (if applicable);
the value of gratuitous costs or the cost of commercial assistance or care provided for the past and for the future;
home and/or motor vehicle modifications necessitated by the injuries;
an allowance for legal costs.

When Should You Consult A Lawyer About Making A Product Liability Claim?

You should consult Brydens Lawyers as soon as possible following an injury sustained from a defective product or goods. There is no reason for delay. Strict time limits can apply to the filing of such personal injury claims, so it is best to act quickly.

Upon engagement, Brydens Lawyers will assist you in recovering all evidentiary material to aid your claim process. This could include, but is not limited to, expert reports from those with scientific or technical knowledge about the matter, medical records, photographs and more.

What Is Your Next Step?

Your next step is to engage Brydens Lawyers. The sooner the better. Brydens Lawyers will begin to recover all necessary and relevant evidentiary material to establish your entitlement to make a claim for compensation for the injuries sustained as a result of a safety defect in any products or goods.

Why Are Brydens Lawyers The Right Representation For You?

With over 50 years of experience, Brydens Lawyers are the experts in the prosecution of claims for damages for injuries sustained as a result of a safety defect in a product or good. Brydens Lawyers has successfully prosecuted thousands of product liability claims in order to recover maximum compensation for persons injured as a result of safety defect in products or goods. Brydens Lawyers are the experts in the prosecution of product liability claims.