Product liability: What to do when defective products cause harm

Consumers are purchasing more products than ever before, from clothes and cars to electronics, home appliances, fitness equipment, and even baby supplies.

But what happens when a product fails to meet safety standards?

Worse yet, what if a defective product causes an injury to you or a loved one? Every day, around ten Australians suffer injuries requiring medical attention due to faulty products.

A product failing to meet safety standards can lead to serious consequences.

Consumers have rights that guarantee that the products they purchase must be of an acceptable quality, fit for their intended purpose, and match the description provided. If a product you purchase is faulty and causes an injury, you may be entitled to compensation.

How does a product liability claim work in Australia?

Since Donoghue v Stevenson [1932] AC 562, the law has imposed liability upon manufacturers and suppliers of defective products. Consumer protection legislation was later enacted. Product liability is regulated by both statute and common law in Australia. In Victoria, causes of action available to consumers who suffer injury or loss as a result of goods or services include:

1. Breach of Australian Consumer Law (safety defect claim or breach of statutory guarantees);
2. Common law negligence; and
3. Breach of contract.

Australian Consumer Law (ACL) does not limit or affect other rights or remedies a person may have (s131C of Competition and Consumer Act). Thus, a claimant may also wish to have a separate cause of action in tort and/or contract (plead in the alternative).

For example, if a product does not meet a generally expected level of safety, the product can be classified as having a safety defect.

This can include more apparent product defects, such as vehicles with malfunctioning brakes that can cause collisions and less obvious defects, like ergonomic chairs with inadequate base support, which makes them more prone to tipping over.

The liability of a faulty product generally applies to the manufacturer that supplies the goods in trade or commerce. Products are covered by consumer guarantees when they are sold. As the manufacturer created the product, they are often legally responsible for any resulting injuries suffered from their product.

We need to turn to the Australian Consumer Law for definitions of ‘manufacture’, ‘supply’, ‘goods’, ‘trade of commerce’ and ‘safety defect’.

Strict liability – once these conditions are satisfied, liability is strict. The manufacturer will be liable unless it can rely on any of the express defences provided in accordance with section 142 ACL.

While a product's expected level of safety can vary, the courts can determine whether a product has a safety defect. It is often determined by:

• How the product has been marketed and its purpose
• Any instructions and warnings for use
• What might reasonably be expected to be done with the product

Under Australian law, a consumer may seek compensation for loss or damages caused by a product with safety defects. This includes injury to the person making the claim or injury or death to another individual.

What should I do if I've been injured by a defective product?

If you’ve been injured by a defective product, your priority should always be to seek medical help. Call 000 or ask someone to do it for you if there's an immediate danger or serious injury.

Remember to take note of any injuries and seek medical advice. It's important to keep a detailed record of all injuries, no matter how minor they may seem.

Once it is safe to do so, write a detailed report of the incident. Include information such as what happened, where it occurred, how it happened, and any resulting injuries. Also, note any previous incidents with the defective product.

Keep the product and take photos and video of the defect.

By keeping documentation of the defect and the damages, you are best prepared to support your claim if you decide to pursue legal action or seek compensation. This documentation can be crucial evidence in proving the defect and the extent of your injuries.

Consider seeking legal advice to understand your rights and the potential for compensation. At Maurice Blackburn, we can guide you through the process of making a claim against the manufacturer or seller of the defective product.

Making a product liability claim

You may be entitled to a product liability claim if you’ve suffered an injury due to a faulty product. You can seek compensation for ongoing medical treatment and care, pain and suffering, and lost income.

There are strict time limits on pursuing a claim for a defective product, so acting quickly is essential.

If you have suffered an injury from a defective product, our public liability lawyers can help you through the claim process.

Contact us today to find out how we can help you.