What is Product Liability and who can claim it?
If you have been injured as a result of a faulty, defective or not t for purpose product you may be entitled to make a Product Liability claim for your injuries.
To make a successful product liability claim, it must be established that the manufacturer and/or distributor has supplied a product that is unsafe, defective or not t for purpose or has inadequate warnings.
Examples of product liability claims include:
- Defective medical prostheses, implants or devices
- Defective consumer goods and household appliances
- Faulty machinery, cars or components
- Unsafe chemical products or pharmaceuticals
Most importantly, you should obtain advice from The Lawyer before signing any documentation or responding to any settlement offer from the other party, or you may lose your right to claim damages. You should contact us as soon as possible after the injury, because strict time limits apply for making a claim.
We want you to understand the legal process- Step-By-Step
Most cases settle before they get to court. The reason is simple. We assess each case very thoroughly, and we only advise clients to pursue compensation or damages when there is a clear likelihood of a successful outcome. While each claim is unique, the process will generally follow the below distinct stages:
You tell us exactly what has happened to you. We review the details of the incident and tell you if your case has good prospects for success or if it does not. There are no costs to you for this advice, and you are under no obligation to proceed with legal action. Should you choose to make a claim, we submit a Notice of Claim to the other party notifying them of your intention to pursue a claim and the circumstances of your case within one month of the initial consultation.
The insurer investigates your claim to determine if they will accept liability in full or in part, or will deny that they are liable for your injuries. We continue to obtain updates from you in relation to your injuries, treatment, requirement for assistance, the status of your employment and so on. In some cases, it is appropriate for The Lawyer to liaise with the insurer to ensure that they assist you in obtaining rehabilitation for your injuries.
We compile evidence to assist in proving your claim to the insurer, including medical, taxation, financial and employment records. We may also obtain expert medical reports depending on the nature of your injuries; and you may be required to attend medical examinations with specialists of the insurer’s choosing. Reports from experts in other fields that relate to your case may also be sought at this stage.
We give you an assessment of the amount you can reasonably expect as a settlement and, with your authorisation, we submit an opening offer to the insurer to commence settlement negotiations. Generally, settlements will be reached through these negotiations. Out-of court settlements are usually in everyone’s best interest because they can resolve the claim faster, and with much less expense, than if the claim proceeds to trial. If a settlement can’t be achieved, we lodge court proceedings on your behalf in the appropriate court.
Once your claim has been successfully settled or judgement has been given in a court, we arrange for you to receive the funds to which you are entitled, and arrange for payment of your legal fees. Should the claim not be successful, The Lawyer does not charge you for legal fees or disbursements.
The actual time taken for a negotiated settlement to be reached will depend on the facts and complexity of your case. Claims that go to the courts will take longer and be subject to the schedules of the court.
What to do Next?
If you would like to make a Product Liability claim, please call 1300 QLD LAW or complete the form below and one of our Public and Product Liability accident Lawyers will be in touch.
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