Under NSW law, manufacturers, suppliers, and retailers have a legal obligation to ensure that the products they produce, distribute, or sell are reasonably safe for their intended use. Product liability claims arise when a person suffers an injury or loss due to a defective or unsafe product. Common examples of product liability claims include:

  • Injuries caused by design defects, manufacturing defects, or inadequate safety warnings or instructions.
  • Illnesses or adverse health effects resulting from exposure to toxic or hazardous substances in products.
  • Property damage or economic losses caused by defective products.

To establish a product liability claim, the following elements must be proven:

  1. The product had a defect or was unreasonably dangerous for its intended use.
  2. The defect existed when the product left the manufacturer’s control.
  3. The defect directly caused the claimant’s injury or loss.

Compensation in successful product liability claims may cover:

  • General damages for pain and suffering
  • Past and future loss of income
  • Past and future medical expenses, rehabilitation costs, and care expenses
  • Out-of-pocket expenses related to the injury or loss
  • Property damage or economic losses

It’s crucial to seek legal advice promptly, as strict time limits apply for filing product liability claims in NSW. Experienced lawyers can help gather evidence, establish liability, and navigate the claims process effectively.