Every day, we rely on products to be safe. Whether it is a household appliance, motor vehicle, power tool, children’s toy, medical device, piece of machinery, electrical equipment or consumer product, you are entitled to expect that it has been properly designed, manufactured and supplied. When a defective or unsafe product causes injury, you may be entitled to compensation.

A product liability claim arises where a product is defective or unsafe and causes injury or loss. Liability may rest with a manufacturer, importer, distributor, supplier or retailer, depending on the circumstances of the case. In Queensland, these claims may arise under the law of negligence, the Australian Consumer Law, or both, depending on how the injury occurred and the nature of the defect. The law recognises that consumers should be protected from products that do not meet reasonable safety standards.

Product defects can occur in many different ways. A product may be defectively designed, meaning it was inherently unsafe before it was manufactured. It may contain a manufacturing defect, where an error during production makes an individual product dangerous. A product may also be defective because it was supplied without adequate instructions, warnings or safety information, or because it failed to comply with mandatory safety standards or recalled products continued to be supplied.

Product liability claims can arise from a wide range of products, including motor vehicles and vehicle components, tyres, airbags, bicycles, motorcycles, power tools, ladders, scaffolding, electrical appliances, batteries, lithium-ion devices, household products, furniture, children’s toys, sporting equipment, industrial machinery, pharmaceuticals, medical devices, implants, food and beverages, and other consumer goods.

Defective products can cause a broad range of injuries, including fractures, burns, lacerations, crush injuries, amputations, spinal injuries, traumatic brain injuries, eye injuries, electrocution, poisoning, psychological injuries and, in the most serious cases, permanent disability or death.

To establish a successful claim, it is generally necessary to demonstrate that the product was defective or unsafe, that the defect caused or materially contributed to your injuries, and that you suffered loss as a result. Depending on the circumstances, this may require engineering evidence, product testing, expert medical evidence, or investigation into the product’s design, manufacture, testing, distribution or compliance with applicable safety standards.

Compensation may be available for pain and suffering, past and future loss of income, medical and rehabilitation expenses, treatment costs, care and assistance provided by family or professionals, travel expenses, future medical needs, home modifications, and other financial losses resulting from your injuries.

If you have been injured by a defective product, it is important to preserve the product wherever possible and avoid repairing, altering or disposing of it. Photographs of the product, packaging, instructions, receipts, warranty information, recall notices and details of where and when the product was purchased can all become important evidence. Early investigation is often critical, particularly where the product may later be lost, destroyed or altered.

Strict time limits apply to product liability claims, and delays can make it more difficult to obtain important evidence. Seeking legal advice early allows the circumstances of the incident to be properly investigated, the relevant parties to be identified, and the necessary expert evidence to be obtained.

I understand that an injury caused by a defective product can have lasting consequences for your health, employment and financial security. My role is to investigate the circumstances thoroughly, identify those legally responsible, obtain the evidence needed to support your claim, and guide you through the legal process with clear, practical advice. I am committed to presenting your claim as strongly as possible and working to achieve the best outcome for your individual circumstances.