Product Liability Disputes

We are experts in both plaintiff and defendant product liability disputes.

Not all products operate as intended. When a product does not operate as intended it can cause harm.

There are various laws ensuring that manufacturers produce products that are safe and suitable.

This duty covers most products offered for sale with the most common disputes arising due to:

  • consumer goods such as appliances, furniture, clothes and foods;
  • machinery such as motor vehicles;
  • technology products;
  • chemicals;
  • aviation; and or
  • pharmaceuticals.

When products are not safe or suitable and you suffer harm as a result, you may be able to receive compensation. Generally, compensation is recoverable from the manufacturer or the supplier of the good. In most cases, manufacturers and suppliers have insurance which covers this type of compensation claim.

In establishing a product liability claim you need to establish that the manufacturer supplied a good that either:

  • was unsafe;
  • was defective;
  • was not fit for purpose; and or
  • had inadequate warnings.

The amount of compensation recoverable will depend entirely on your case. As a general guide, compensation will be assessed on:

  • medical and other treatment expenses both past and expected;
  • lost wages/ earnings;
  • pain and suffering;
  • loss of enjoyment of life; and
  • other damage.

In properly considering product liability disputes it may be necessary to negotiate or correspond with:

  • manufacturers;
  • suppliers;
  • distributors;
  • insurance companies;
  • medical professionals and institutions; and
  • employers.

It may also be necessary to consider application of other laws and other organisations.

We also offer advice to manufacturers, suppliers, importers and insurers in relation to product liability. Generally, prevention of a product liability claim is better than defending a product liability claim. However, if a claim does arise we can offer our expert services including:

  • advising on product liability – throughout the entire product lifecycle;
  • dealing with regulatory agencies;
  • defending a claim, including investigation;
  • settlement of a claim, both inside and outside court; and
  • confidentiality, including media and other interests.

It is important to note that time limitations apply to certain claims.

OUR OFFICE
Levels 5 (Main office) and 9 (Property group)
Corporate Centre One, 2 Corporate Court
Bundall , QLD, 4217 Australia
Phone: (07) 5592 1921
Email: enquiries@ramsdenlaw.com.au
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