Product Liability Claims in Queensland Under the Australian Consumer Law

With the silly season fast approaching, some of us will be gifting or receiving products which may be faulty. It is important to be aware of your rights if a product causes you injury or damage, as a result of a defect. In this article, Lawyer Natasha Robins provides an overview of product liability claims in Queensland under the Australian Consumer Law (ACL), highlighting consumer rights when a defective product causes injury or damage.

Product liability claims in Queensland are governed by the Australian Consumer Law (ACL), which is part of the Competition and Consumer Act 2010 (Cth). These laws protect consumers by providing a framework whereby people can seek compensation if they are injured due to a defective product. Responsibility is placed on manufacturers, importers, and suppliers to ensure that goods meet safety and quality standards.

Consumer Guarantees under the ACL

Under the ACL, all products sold in Queensland must meet several consumer guarantees. These guarantees include that a product must:

1. Be of acceptable quality;
2. Be fit for the intended purpose;
3. Match any descriptions or samples provided;
4. Be free from defects that would make them unsafe or unusable.

These guarantees are automatic and cannot be excluded by businesses. If a product fails to meet these standards, it is considered defective, and the affected consumer has the right to a remedy, such as repair, replacement, or a refund.

Strict Liability and Defective Goods

A key feature of product liability under the ACL is the concept of strict liability – meaning you do not need to prove that the manufacturer was negligent in respect of the defect. Rather, you only need to show that the product was defective and that this defect caused an injury or damage.

A product is considered defective if it does not meet the safety expectations of a reasonable person.

Defects can arise in several ways:

1. Design flaws: where the product’s design is inherently unsafe.
2. Manufacturing defects: where errors occur during the production process.
3. Inadequate warnings or instructions: where consumers are not properly informed about how to safely use the product and/or its potential risks.

Compensation

If a defective product causes injury or damage, the ACL entitles the injured person to claim compensation. Typically, compensation may include:

1. Pain and suffering;
2. Loss of income, both past and future;
3. Loss of superannuation;
4. Care and assistance;
5. Treatment expenses.

How we can help with Product Liability Claims

If you have been injured as a result of a defective product, our team are here to help guide you through the process of pursuing a claim for compensation.

It is important to act promptly, as strict time limits apply to such claims. At Evolve Legal we offer a free initial consultation to review your situation, provide free advice, and assist in the claims process.

If you would like to book your free initial consultation please do not hesitate to contact Evolve Legal.

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