Can I claim compensation for a faulty product?

Published 08 Sep 2017

Have you ever bought a product and been disappointed when you opened the packaging? Perhaps it looks nothing like the display image, or maybe the manufacturer has used shoddy materials.

Whatever the problem, many people will simply chalk it up as a learning experience.

But what if the product is defective, faulty or unsafe? Products can lead to significant injuries or even deaths when they malfunction.

For example, Takata airbags have recently been linked to several deaths worldwide because they occasionally disperse metal shards at the point of impact when a collision occurs.

Australians are therefore able to make a claim for compensation if they suffer injuries as a result of faulty goods they've purchased in the country.

How do I pursue a claim?

The first step you should take after sustaining an injury is to seek medical attention. Inform your doctor how you hurt yourself and what damage has been done. They will take medical notes that you can later use as evidence.

You should also contact a product liability claims lawyer to begin the process of seeking compensation for defective items as soon as possible.

To prove a product liability claim, you need to show that the manufacturer negligently breached their duty of care. Avoid throwing away the faulty goods, as an expert analysis of the item could be crucial to winning your case.

An experienced no-win, no-fee firm such as Gerard Malouf & Partners can help you start the necessary proceedings.

What compensation will I receive?

The amount of compensation you receive will depend on the severity of your injuries, the extent of your pain and suffering, and the economic losses you have already sustained and will continue to experience in the future.

Lump sum damages are available for:

  • Medical bills and rehabilitation expenses;
  • Non-economic losses, such as changes in your quality of life;
  • Past and future care costs;
  • Medical aids and home modifications; and
  • Lost income and superannuation, both past and future.

If your injuries result in permanent problems that prevent you from ever returning to the workplace, you may also be entitled to total and permanent disability benefits via your superannuation fund or an insurance policy.

To learn more about your eligibility for personal injury compensation, please get in touch with a member of our team today to discuss your case.