Defective Product Injuries - Advice Line Personal Injury Lawyers
Some injuries are caused by a defect in a product. You may be entitled to claim compensation for these injuries from the manufacturer or supplier of the product. If you have been injured due to a faulty or unsafe product, you may be able to seek compensation. At Advice Line Lawyers we can offer you free advice on whether you have an entitlement to a claim.
Defect
Under the Federal Trade Practices Act a corporation which manufactures, imports, or supplies a defective product which causes injury can be legally liable for any harm done. A defect exists when any product does not carry the level of safety that the community is generally entitled to expect. Such claims are available whether the injured person was the original purchaser or consumer of the product, or whether they are a subsequent user of the product which contains the defect. This means that a remedy would be available to all individuals injured by a defect, not just the original consumer of the product. Contaminated food, imbalances of chemicals in pharmaceuticals, dangerous toys or tools, and defective equipment can all fall into the definition of a defective product.
Medical expenses & loss of earnings
A person suffering injury arising out of a defective product can sue for compensation over the cost of past and future medical expenses and past and future loss of earnings.
Pain and suffering
A person who wishes to sue for pain and suffering for injuries arising out of a defective product can only recover such compensation if their injury is at least 15% of a most extreme case. If 15% is proved the compensation is currently around $3,000. Compensation for pain and suffering increases on a sliding scale depending on the level of injury.
Time limitation
A person has 3 years from the date of injury to bring a defective product claim under the defective product provisions of the Trade Practices Act.
If you want to be represented by an expert Melbourne lawyer, experienced in product liability claims, please contact us on:
t: (03) 9321 9988
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