Defective Goods

Do you recall the 2015’s hottest Christmas present for children? The hoverboard. That product was responsible for at least 6 house fires during the weeks which followed Christmas, causing the Australian Competition and Consumer Commission to issue urgent recall notices.

There is a long list of faulty and defective gadgets which have caused injuries in recent years; from mobile phones with explosive batteries, to electronic devices causing electrocution, or even faulty fire pits and barbeques; the list is endless.

So, what are your rights if a defective product causes you injury?

The Australian Consumer Law (“ACL”) contains many protections for consumers, and enables a person injured by goods with safety defects to claim compensation.

By way of background, the ACL was implemented (and effective as of 1 January 2011) as a nationwide uniform law to protect consumers. Whilst other similar protections may have existed before at a state level, the ACL ushered in a new age of placing the consumers’ rights and protections first.

Not only does the ACL look to protect consumers in relation to warranties and guarantees, but it made a strong point of protecting consumers from defective products which cause injury.

More specifically, if a product is sold or supplied in Australia (regardless of where it was manufactured) and the buyer (or end consumer) is injured from a “safety defect”, then there are rights to compensation. Whilst there are some limits to the law, it is generally very broad and will cover many scenarios.

In order to bring a claim for injury caused by a product with a safety defect, it must be proved that:

1\. the manufacturer supplies the goods in trade or commerce; and

2\. the goods have a safety defect; and

3\. the individual suffers injuries because of the safety defect.

A safety defect might arise as a result of a failing or faulty part or component in a product (thing about a fault bolt or screw), or perhaps due to an inappropriate design (such as a battery getting too hot), or even by failing to provide proper instructions to allow a product to be used safely.

The key factor to remember is that the Australian Consumer Law generally aims to protect consumers, and therefore if you have been injured by a dangerous or faulty product, then you might be entitled to compensation.

At Kells, we have compensation lawyers who are experienced in product liability and defective goods claims. Furthermore, we can help No Win, No Fee. Time limits may apply, so seek advice without delay.

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