What happens if I’m injured by a present I received?

PUBLISHED 02 Mar 2016

Giving presents to each other is an important part of society. This type of gesture highlights our love and care for others and is a mainstay of both birthdays and Christmas.

According to the Daily Mirror, children receive an average of 16 presents under the Christmas tree each year. While as an adult, you might not receive as many, it is always nice to be given unique and personal presents.

However, presents aren't always fun. There have been and in countless examples, presents that were given as a kind gesture can soon turn into a nightmare. With this in mind, what are your rights if you are injured by a product you received as a gift?

What is regarded as a faulty product?

Any product that causes injury through normal use and hasn't been manipulated can be described as a faulty product. Regardless of whether this was a television which gave you an electric shock, a model car with a sharp edge or chair with a broken wheel, if you were injured by the product, you can make a public liability claim.

A claim of this nature can be directed against the manufacturer that made the product or the retailer that sold the present. A compensation lawyer can talk you through which avenue is best and begin to build a strong case.

What is the next step?

As mentioned above, the most important aspect of a public liability claim is to finalise the details of the case. This means that the product will need to be inspected by the manufacturer or retailer.

Information about your injuries sustained from the dangerous product are also necessary. The severity of the injuries will often influence the amount of compensation that you are eligible to claim.

What type of compensation is available?

If your faulty product claim is successful, compensation may be provided for a range of losses. This can include money to cover past and future medical and rehabilitation expenses as well as payments for other needs such as home modifications and wheelchairs.

The compensation could also cover economic losses as a result of the injury. If you have taken time off work, a lump sum payment can pay past or future loss of wages, superannuation as well as pain and suffering.

It is important to remember that product injuries are more common than you think and that compensation is possible in certain circumstances. For more information about starting a claim, contact the team at Gerard Malouf & Partners today.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts or email your enquiry.