Personal Injury
Product Liability Claims — Injured by a Defective Product
Manufacturers and suppliers have a legal obligation to ensure their products are safe. If a defective product has injured you or a family member, Australian consumer law and common law negligence provide powerful remedies — including compensation for your injuries, lost income, and future care needs.
⚠ Product liability time limits apply from the date of injury — preserve the product and seek legal advice promptly — submit your request now.
Does This Sound Like You?
Common situations we help with.
Consumer Product Caught Fire and Caused Injury
Defective electrical appliances, lithium batteries, and heating products have caused devastating fires and burn injuries across Australia. If a product caught fire or overheated due to a manufacturing or design defect, you may have a claim against the manufacturer, importer, and any entity in the supply chain who supplied the goods.
Food Product Caused Food Poisoning or Illness
Contaminated food, allergen labelling failures, and foreign objects in food products can cause serious illness and injury. Under the Australian Consumer Law, food producers and suppliers can be held strictly liable for supplying goods with a safety defect. If you were seriously ill after consuming a commercial food product, a lawyer can help you investigate and claim.
Pharmaceutical Side Effects Not Adequately Disclosed
Pharmaceutical companies have an obligation under the ACL and common law to ensure that medications are safe and that risks are adequately disclosed on packaging and in prescribing information. Where a drug caused serious side effects that were known to the manufacturer but not disclosed to patients, a product liability claim or class action may be available.
Children's Product Caused Injury
Children's products — including toys, nursery furniture, clothing with drawstring hazards, and car seats — are subject to strict mandatory safety standards under Australian Consumer Law. Where a product fails those standards and injures a child, the supplier is in breach of both statutory obligations and their duty of care. Claims involving children can carry significant damages.
Defective Tool or Equipment Caused Workplace Injury
If you were injured at work by a defective tool, machine, or piece of equipment — even if it was supplied by your employer — you may have a product liability claim against the manufacturer or supplier in addition to any workers compensation entitlements. These claims can significantly increase your overall compensation, especially where WorkCover alone does not adequately cover your losses.
Recalled Product Caused Harm Before the Recall Was Issued
A product recall is strong evidence that the manufacturer knew or ought to have known about a safety defect. If you were injured by a product before the recall was announced, or if you were not adequately notified of the recall, you may have a claim for compensation against the manufacturer and any entity that continued to supply the product after the defect was known.
How It Works
Your Product Liability Claim, Step by Step
Product liability claims often require technical evidence and expert analysis of what went wrong with the product. We connect you with a no-win no-fee personal injury lawyer who will build the evidence and pursue the responsible parties.
Submit Your Product Liability RequestSubmit your request
Tell us about the product, how you were injured, and the harm you suffered. Preserve the defective product and packaging if possible — it may be critical evidence. We match you with a product liability lawyer.
Product and liability investigation
Your lawyer engages engineering or product safety experts to analyse the defect, identifies all parties in the supply chain (manufacturer, importer, distributor, retailer), and gathers evidence of the product's defective condition and the harm it caused.
Claim and compensation
Your lawyer presents the liability case to the responsible parties and their insurers, negotiates full compensation for your injuries, medical costs, lost income, and future care — and pursues litigation if a fair settlement is not reached.
No-Win No-Fee
You pay nothing unless your product liability claim succeeds — the lawyer funds the investigation
All 8 States
Requests matched to specialist lawyers across every state and territory in Australia
Free
Initial consultation — understand your rights and options before committing to any action
ACL + Negligence
Claims available under the Australian Consumer Law and common law negligence — often against multiple defendants
Before You Claim
Practical questions about product liability claims in Australia.
How does product liability work under the ACL compared to common law negligence? +
The Australian Consumer Law (Part 3-5) imposes a statutory liability on manufacturers and importers for goods with a safety defect — this is a form of strict liability, meaning the injured person does not need to prove that the manufacturer was careless, only that the goods were defective and caused the harm. Common law negligence, by contrast, requires proof that the defendant failed to take reasonable care. In many product liability claims, both causes of action are pleaded to maximise the chances of success.
Who is liable in the supply chain — manufacturer, importer, or retailer? +
Under the ACL, the primary target is the manufacturer or, where goods are imported from overseas, the importer into Australia. Where the manufacturer cannot be identified or does not have an Australian presence, the retailer or supplier can be treated as the manufacturer and held liable. In practice, product liability claims often name multiple defendants across the supply chain — your lawyer will identify all potentially liable parties and pursue them collectively.
How do I prove that a product was "defective" for the purposes of a claim? +
Under the ACL, goods have a safety defect if their safety is not such as persons generally are entitled to expect. This expectation is assessed by looking at all the circumstances, including how the product was marketed, what it was reasonably expected to be used for, and what safety instructions or warnings were provided. Expert engineering or product safety evidence is commonly required to establish what the defect was and why it made the product unsafe beyond what a consumer would reasonably expect.
What compensation is available for a product liability injury? +
Compensation in a product liability claim can include: personal injury damages (pain and suffering, loss of amenity); medical and rehabilitation expenses (past and future); lost income and reduced earning capacity; care and domestic assistance needs; and property damage caused by the defective product. In cases of egregious conduct, some jurisdictions allow for aggravated or exemplary damages. The total compensation depends on the severity of the injury and its impact on your life and livelihood.
What are the time limits to bring a product liability claim? +
Under the ACL, an action for loss or damage caused by a safety defect must be commenced within 3 years after the person became aware, or ought reasonably to have become aware, of the loss, the defect, and the identity of the manufacturer. There is also an absolute 10-year long-stop running from when the goods were first supplied. Common law negligence claims are subject to the standard personal injury limitation periods in each state (typically 3 years from discoverability). Seek legal advice immediately if you have been injured by a product.
Can I be part of a class action for a widespread product defect? +
Yes — where a defective product has injured many people, a class action (group proceeding) can be a powerful mechanism to pool resources and hold the manufacturer accountable at scale. Class actions for product liability are commonly brought in the Federal Court or Supreme Court. If you have been injured by a product that you know or suspect has affected others, a lawyer can advise whether an existing class action is underway or whether one should be initiated.
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