Defective Product Injury Claims
Defective products are something that every manufacturer seeks to avoid, but they are still a relatively common occurrence. This defect may be caused during manufacturing, shipping or anywhere along the supply chain that eventually leads to the consumer. This often leads to the product not functioning as it is intended and causing issues. In more serious cases, where a consumer is injured because of a defective product, it can also be the cause of expensive personal injury claims.
As a result of a product not functioning correctly, it is entirely possible that you as a consumer could be injured. An example of an injury from a defective product could include gym equipment that fails and causes injury to the user. This begs the question, what would be your next step in claiming public liability compensation from a defective product?
Proof of Negligence
When making a defective product liability claim, negligence must be proved. This may be through a formal inspection by a third-party engineer. In some cases, this inspection can prove by way of probability that the failure of the product was not the fault of the manufacturer or other parties involved but the user. In this case, the defective product claim is invalid.
In cases where the user was not at fault, this process is very useful in determining which party is responsible for damaging the product and causing the injury. As you can imagine, the manufacturer of the product is not the only party involved in the full supply chain.
Liability for Defective Products
Using the gym equipment example, the defective product may have had its defect caused during manufacturing, transit, wholesale and more. This varies on a case-by-case basis. In many cases these are handled by separate parties, so determining liability is important.
Consumers are protected under Australian law, meaning that liable parties can be claimed against if they are found to have failed in their duty of care.
Defective product liability claims can be applied where you have bought the product for your own personal use, but also in situations where someone else has bought the product. For example, if you are injured by a faulty product in a restaurant (such as a broken chair or something of that nature) you may be still eligible for a product liability claim. In this case, the claim may be brought against the owner of the defective product.
Contaminated Fruit Case Study
In September of 2018, needles were found within punnets of strawberries and other fruit in Queensland and larger Australia. Over the course of the next few months, roughly 100 cases of contaminated fruits were reported. Multiple people were injured, spending time in hospital with abdominal pains. The needles were eventually found to have been placed in the fruit by a disgruntled farm supervisor.
This case is a great example of where multiple parties were involved in the eventual sale of contaminated products to consumers. While the culprit ended up being determined as being related to the supplier, there were several other parties involved including transit companies and the eventual retailer that could have potentially been found to have been at fault for injuries sustained.
Overall, defective goods and products are an unfortunate outcome, especially when they result in injuries. In Australia, there is legislation to provide those that are injured with compensation so that they can focus on their recovery. If you are unsure of your eligibility for a product liability claim, contact the experts at Personal Injury Helpline. We offer free claim assessments!
