Defective products

Defective product claims

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In Australia, consumers have the right to buy products that are safe, free from defect, and gain compensation if the goods they have been sold are faulty.

Australian goods for sale via stores or online must comply with strict Australian Standards. If certain products do not meet these standards, they cannot be sold. Australian Consumer Law dictates that any product that has a reasonable likelihood of causing injury it is mandatory to issue a recall. Sometimes, manufacturers and retailers are negligent in issuing these recalls.

If you have been injured using a defective product, you may be entitled to claim for compensation.

If a defective product has caused injury – such as a medical device – your out of pocket costs, as well as personal distress, may be severe. Compensation is here to reimburse you for out of pocket costs such as medical bills, lost earnings due to time off work, and recompense for carers and other rehabilitation.

If you’d like to find out if you are eligible to make a claim, talk to one of our expert lawyers on 1800 106 107.

Defective goods – who is liable?

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According to the Australian Consumer and Competition Commission, the manufacturer of the product is generally liable for making the product safe, or issuing a safety recall.

If the manufacturer cannot be identified, suppliers or retailers may be culpable.

Manufacturers and retailers must make products safe through:

  • conducting regular reviews of product designs and production
  • implementing and review quality assurance procedures
  • testing products regularly to relevant standards, including batch testing
  • conducting appropriate marketing
  • providing clear and thorough user instructions
  • Conducting a quick voluntary recall of any products that are found to be defective or unsafe.

If you have purchased a product that was not properly marketed, did not contain unambiguous instructions and/or injured you or someone you know during normal use, you may have grounds to make a claim for compensation.

To find out if you can make a claim, talk to a defective goods claim specialist on 1800 106 107, or use our online form to arrange a convenient time.

How much compensation am I entitled to?

Factors that affect your compensation amount are:

  • Type of injury
  • Financial losses
  • Severity of injuries
  • If a recall was issued, or not at all

The best way to ascertain the projected amount of claimable compensation is to speak with a defective goods claim specialist on 1800 106 107. Alternatively, you can use our compensation calculator for a broad estimate.

We treat all claims individually. We can only make a determination if you provide us with relevant information. Once you call, there’s no obligation to claim.

You can also start your injury claim online by filling out our online claims form.