This is where an injury and or loss has been sustained as a result of the use of a defective product or service. In this situation, the manufacturer or sellers of the product may be liable for your injury.
These cases range from buying a defective toy or some other product, to suffering food poisoning or experiencing adverse reactions to consumable items. Cases can also arise as a result of faulty home or work appliances, medical devices, or dangerous drugs, chemicals etc.
Frequently Asked Questions
Do I have a claim for compensation?
Manufacturers have a duty of care to make sure their products are safe. If you’ve been injured because of a faulty product or negligent service, you may be entitled to claim compensation.
Who can I bring the claim against?
Usually the claim is against the insurer of the manufacturer and/or the distributor of the product.
What can I claim compensation for?
Each case is different but compensation for a product liability claim under Queensland law could include:
- Past and future medical expenses, such as surgery and equipment.
- Past and future loss of earnings.
- Pain and suffering as well as loss of enjoyment of life.
- Paid and unpaid home help and nursing provided by anyone.
What has to be proven for my claim to be successful?
In Queensland, you must prove that:
- the product supplied was defective or unsafe in some way; and
- you suffered loss and damage.
You also need to show that there were no warnings that came with the product or that they were inadequate warnings.
Are there any important time limits to bring a claim?
Yes. In order to ensure your rights to claim are not lost you must file court proceedings within:
- three (3) years from the time you become aware or should have become aware of:
- the defect;
- the manufacturer’s identity;
- your consequential loss; and
- ten (10) years of the time the manufacturer supplied the goods with safety defects.
Who pays me the compensation?
If the manufacturer or distributor is found to be at fault, it’s most likely their insurance company will be responsible for compensating you.
How much compensation can I claim?
This depends on the individual facts of your case and how serious your injuries or loss is.
How long does a claim for compensation take?
We strive to have claims completed within two (2) years if we have to take the insurer to court. We may be able to settle it out of court if the insurer is reasonable.