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Product Liability Injury Claims in Perth, Western Australia

Product liability claims arise when a person suffers an injury or financial loss due to a defective or unsafe product. Manufacturers, distributors, and retailers have a legal responsibility to ensure the products they sell are safe and suitable for their intended use.

 

In Perth, Western Australia, victims of defective products have the right to seek compensation for their injuries or losses. This article provides a guide to product liability claims in Western Australia, helping you understand the legal process and maximise your chances of receiving fair compensation.

I. Understanding Product Liability

Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries and or financial losses caused by defective and or unsafe products. Injuries and losses can be caused by products with manufacturing defects, design issues and flaws, and as a result of inadequate instructions or warnings in relation to how a product should be used or consumed.

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To succeed in a product liability claim, the injured person must prove that:

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  • The product was defective or unsafe;

  • The defect or unsafe condition caused the injured person's injury or financial loss; and

  • The injured person suffered harm or loss as a result of the injury or financial loss.

II. The Legal Framework for Product Liability Claims

A. Consumer protection legislation

Product liability claims in Western Australia are primarily governed by the Australian Consumer Law (ACL), which is found in Schedule 2 of the Competition and Consumer Act 2010 (Cth). The ACL provides consumers with a range of protections and remedies, including guarantees that products are of acceptable quality, fit for their intended purpose, and free from defects. When a product fails to meet these guarantees, the consumer may be entitled to a remedy, such as a repair, replacement, or refund.

B. Negligence and breach of contract

In addition to the protections provided by the ACL, injured persons may also pursue product liability claims based on negligence or breach of contract. A negligence claim may arise when the manufacturer, distributor, or retailer breaches their duty of care to the injured person, while a breach of contract claim may arise when the product fails to meet the terms of the contract of sale.

III. The Legal Process for Product Liability Claims

A. Evidence gathering, correspond with the defendant and attempt to resolve the claim informally

Prior to commencing an action in the District Court of Western Australia, steps are taken to obtain the evidence required in order to prove the defendant’s liability and the claimant’s consequent injuries and losses. The parties might then enter into discussions and negotiations in the hope of resolving the dispute without the need for litigation.

B. Commence an Action in the District Court of Western Australia

If the parties cannot agree to resolve the claim informally it will be necessary for legal proceedings to  be commenced by the claimant (injured person) in the District Court of Western Australia. The defendant is then required to file a memorandum of appearance and defence.

 

Once the parties have obtained and served their expert evidence and completed discovery (the process whereby each party to the proceedings provides their opponent with an opportunity to view and make copies of all relevant documents in their possession) there would then be further opportunities for them to try to negotiate a settlement of the claim. Most claims are resolved without the need to proceed to trial before a judge.

C. Time limits for product liability claims

In Western Australia, product liability claims must be commenced within three years from the date of the injury or the date when the injured person becomes aware of their injury. In certain circumstances, the court may grant an extension of time, but it is essential to seek legal advice as soon as possible to avoid missing the deadline.

IV. Types of Damages Available in Product Liability Claims

  • In a product liability claim, the claimant can seek damages by way of compensation for his/her injuries and losses including the following:

    • General Damages for pain and suffering, loss of amenities of life and loss of enjoyment of life.

    • Past and future loss of income.

    • Past and future loss of superannuation.

    • Past and future medical treatment expenses.

    • Past and future gratuitous services

    • The claimant may also be entitled to seek compensation for damage to their property caused by the defective product, such as repair or replacement costs.

V. Tips for Maximizing Your Product Liability Claim

A successful product liability claim requires careful planning and execution.

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Here are some suggestions to help maximise your chances of receiving fair compensation:

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  • Preserve the product: Keep the defective product and any packaging, instructions, or receipts, as these can be crucial evidence in your claim.

  • Document the incident: Take photographs or videos of the defective product and the scene of the incident and gather statements from any witnesses.

  • Seek medical attention: Obtain medical treatment as soon as possible and follow your doctor's advice. This will not only help your recovery but also provide supportive evidence for your claim.

  • Keep records: Maintain detailed records of all relevant documents, such as medical reports, receipts for expenses, and correspondence with the manufacturer, distributor, or retailer and their insurer.

  • Seek legal advice: Engage the services of an experienced personal injury lawyer who specialises in product liability claims in Western Australia. They can help you navigate the complex legal process and maximise your entitlements.

VI. Product Liability Insurance and Product Liability Claims

​Most manufacturers, distributors, and retailers in Western Australia are required to hold product liability insurance, which covers them in the event of a product liability claim. This means that when you make a claim for compensation, it is usually the liable party's insurer who will pay the damages.

VII. Common Product Liability Claim Scenarios

Product liability claims can arise from a variety of defective or unsafe products. Some common scenarios include:

 

  • Defective appliances: Injuries caused by faulty electrical appliances, such as fires, burns, or electrocution.

  • Contaminated food: Injuries or illnesses resulting from contaminated or spoiled food products, such as food poisoning or allergic reactions.

  • Dangerous toys: Injuries sustained by children due to hazardous toys, such as choking hazards, toxic materials, or sharp edges.

  • Faulty automotive parts: Accidents or injuries caused by defective automotive parts, such as faulty brakes, airbags, or tyres.

  • Defective medical devices: Injuries or illnesses resulting from the use of faulty medical devices, such as implants, prosthetics, or diagnostic equipment.

VIII. Summing up

Pursuing a product liability claim in Western Australia can be a complex and challenging process. It is therefore crucial for injured persons to understand their rights and entitlements, as well as the steps involved in lodging a claim and pursuing compensation.

 

By following the recommendations in this article and engaging the services of a qualified personal injury lawyer, you can improve your chances of receiving fair compensation for your injuries. Remember that time limits apply to product liability claims, so it is essential to seek legal advice and act promptly if you have been injured due to a defective or unsafe product.

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