Skip to content

Choose one of three locations

Adelaide
Ridgehaven
Smithfield

Faulty Products/Product Liability

Imagine this. After scrimping and saving, you’ve finally bought the new car that you’ve been wanting for years. It’s a watershed moment in your life and you feel on top of the world as you proudly drive it out of the car yard.

You decide to take it for a spin in the countryside, but on the way you brake to stop at a red traffic light. You are horrified to find that the brakes have failed and in an instant you’ve ploughed into a wall of traffic.

You’re seriously injured, the car is wrecked and three other drivers are injured and their cars written-off. It’s a disaster for you and for them, all because, through no fault of your own, a key safety feature on your new car failed at a crucial moment.

This kind of scenario can raise a number of legal issues, including product liability.

What is product liability?

When you buy products or use services, Australian Consumer Law (ACL) acts to protect you. Under ACL, every product and service is guaranteed that it will work properly. Products must be safe and fault-free, not be disfigured and do everything that you would expect. So a car should have brakes that work properly each and every time.

Services must be provided with care and skill and precautions should be taken to avoid loss or damage. They must also be fit for purpose and provided in a reasonable time frame.

Product liability arises when the product or service does not meet these criteria.

What can be done?

In most cases if you have received a faulty product or service, you can fix the problem yourself by contacting the manufacturer or service provider and making a complaint. Most will fix the problem there and then.

If that doesn’t work the Australian Competition and Consumer Commission (ACCC) provides advice about resolving problems. You can make a complaint to the ACCC  if the manufacturer or service provider hasn’t resolved the issue.

Compensation

Sometimes, the issue is so serious that these actions will not resolve the matter, regardless of how willing the manufacturer is to fix the problem.

In our car example, the police may have been involved and there is potential for a charge of dangerous driving. The other drivers may be seeking compensation for personal injury and damage to their vehicles and your own injuries look like they will be ongoing. You will need significant compensation as well as a replacement car.

You may need to consider taking legal action.

Legal action can be taken for product liability when loss or damage has been suffered. This can include:

  • Personal injury
  • Injury or death to other people
  • Economic loss where someone else’s property is damaged.

In these circumstances, you can make a legal claim for compensation. You may be able to take action under ACL but you may also be able to make a common law claim, which means that a court will look at previous similar decisions to decide whether you should get compensation and how much.

Although this can be complicated, an experienced product liability lawyer can guide and advise you, making the whole process far less stressful.

It is important to e get legal advice soon as the issue arises. This is the best way to try and ensure an outcome that’s right for you.

Websters Lawyers have product liability specialists as well as a team of lawyers who practise in a range of legal areas. If your claim involves more than one area of law, you’ll know that we have you covered.

Contact us today for a free initial consultation. Because at Websters Lawyers, you can be sure that we have the knowledge and skills you require as well as the level of service you expect.

Testimonials

"Very professional legal service, good advice. I will continue to consult on future legal matters. I’m please to advise I have recommended two people to Websters Lawyers due to the service I received from [my solicitor]"

Veronica, Modbury Heights

"Websters took an extremely stressful time for me and made me feel comfortable and confident. They achieved the best possible outscome for my situation and came in at a lower cvost than first estimated so I couldn’t be happier with the service, process or people. Thank you"

David, Smithfield

"Lived up to their word."

Robert, Ridgehaven

"My solicitor was prompt and efficient at getting my claim completed J"

Marilyn & Stan, Lightsview

"I was very happy with my lawyer. Keep doing what you do"

Jarrad, Elizabeth Vale

"Making a will is fraught with problems and very emotional. [our solicitor] walked us through the process step by step, ensuring we got exactly the Will we wanted. Thankyou!"

John, Ridgehaven

"Most helpful and all of my questions clearly answered and explained. Very courteous"

Peter, Hillbank

"[my solicitor] spoke in easy terms for us to understand."

Peter, Klemzig

"[my solicitor] was very clear and concise with all instructions. I was very happy with the outcome and pleased to have a professional represent me"

Richard, Wynn Vale

"Very professional and thorough"

Sylvia, Greenwith

"I was very impressed by the highly professional and thorough conduct of Websters Lawyers"

Francesca, St Agnes

"I found Websters Lawyers to be accurate and forthcoming. Felt like I was important."

David, St Agnes

"I have engaged [my solicitor] on two occasions to handle estate probate matters and have found her service to be prompt, efficient and very professional. Thank you."

Kevin, Findon

"We found the process of purchasing a new home stress free with the professionalism provided by [our solicitor] & Websters Lawyers."

Rob, Paralowie

"My overall experience with Websters Lawyers was one of great ease at a very difficult time in my life. [my solicitor] answered all my questions promptly and explained everything to me that I needed to know."

Sheryl, Glengowrie

"Lawyer was helpful, unhurried and explained complex matters in easy to understand language. Provided information and advice over and above what we required."

Gail, Greenwith

"All our questions were answered. A very good experience. I will continue to use Websters and recommend your firm to my friends."

David, Gumeracha

"[my solicitor] was highly professional and approachable. I felt comfortable asking questions relating to my case. I am very happy with the outcome, I recommend Websters Lawyers."

Angela, Hallett Cove

"The initial phone conversation was very informative and professionally conducted. [my solicitor] who arranged our wills clearly explained everything and was very professional. We were very satisfied"

Wendy, Wynn Vale

"I contacted Websters Lawyers on the recommendation of a former colleague and found the level of service exceeded what I expected"

Belinda, Smithfield

"Websters Lawyers provided us with excellent support and legal advice every step of the way. Their expertise in legal matters is unmatchable. They were extremely professional and courteous. We really thank then for their excellent service"

Gary, Golden Grove

"The service was impeccable"

Michael, Trott Park

"I have engaged [my solicitor] on two occasions to handle estate probate matters and have found her service to be prompt, efficient and very professional. Thank you."

David, Gumeracha

"I was very impressed by the highly professional and thorough conduct of Websters Lawyers"

Angela, Hallett Cove

"Happy with service received and fairly priced. [my solicitor] very approachable."

Devesh, Albert Park

"[my solicitor] was great, he kept me informed all the way through and provided great advice which resulted in a great outcome"

Fiona & Phil, St Agnes

"I found [my solicitor] and the other staff at Websters Lawyers very professional. [my solicitor] handled the difficult subject of making a will by clearly explaining the steps and processes. The whole process was very efficient"

Joey, Kurralta Park

"[my solicitor] was highly professional and approachable. I felt comfortable asking questions relating to my case. I am very happy with the outcome, I recommend Websters Lawyers."

Belinda, Smithfield

"Very satisfied – especially with my hearing problem. [my solicitor] and [her assistant] were very patient"

Patricia, Ingle Farm

"Very happy with the overall outcome with Websters Lawyers"

Gary, Craigmore

It doesn't cost you anything to know where you stand

Subpage form
What is the best time to call you? *
:
Scroll To Top