Product liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause.
To succeed with a product liability claim you must prove a manufacturer or distributor provided you with a product that was defective or otherwise unsafe. In many cases it can be demonstrated that the product in question was not sold with the appropriate warning for the consumer.
Examples of product liability include:
- Adverse reactions to medication and vaccinations
- Dangerous chemicals
- Unsafe of faulty machinery/motor vehicles
- Unsafe/faulty electrical goods
- Defective medical implants
If the manufacturer or distributor is found to be at fault, it's most likely their insurance company who will be responsible for compensating you.
Each case is different but compensation for a product liability claim under Queensland law could include:
- Pain and suffering
- Loss of wages/income (past and future)
- Medical expenses (past and future)
- Out of pocket expenses (e.g. the cost to modify your home for wheelchair access)
Do not throw away the faulty item: we strongly recommend that you keep the faulty item in a safe place. It is very important evidence and should be preserved.