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Defective Product

Defective Product Compensation Australia

Defective products that cause injury support claims under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) and state product-liability legislation. The key advantage: liability attaches to the manufacturer or importer regardless of whether they were negligent.

Australian Consumer Law product liability

Under Schedule 2 ACL, a manufacturer of goods with a "safety defect" is liable for personal injury caused by the defect. Key features:

  • No need to prove negligence - strict liability for safety defects
  • Importers are treated as manufacturers - protects consumers from offshore manufacturers
  • Defect at time of supply is what matters - wear and tear isn't covered
  • 10-year longstop from date of supply

"Safety defect" is defined as a product not being as safe as people generally are entitled to expect. The test considers marketing, instructions, expected use, and the time the product was supplied.

Common defective product claims

  • Children's toys - choking hazards, toxic materials, sharp edges
  • Electrical / battery products - fires, burns, lithium battery failures
  • Power tools - guard failures, throw-back, defective triggers
  • Vehicles and parts - brake failures, airbag defects, takata recalls
  • Medical devices - implants, prosthetics, mobility aids
  • Pharmaceuticals - undisclosed side effects, contamination
  • Furniture - collapsing chairs, defective cots, falling shelves
  • Building products - asbestos products, defective cladding, engineered stone

Product recalls and your claim

A product recall by the manufacturer or ACCC strengthens a claim - it's effectively the manufacturer accepting the product had a safety issue. The ACCC maintains a public Product Safety Australia database. Where your injury was caused by a recalled product, the claim is usually strong.

You don't need to wait for a recall to claim. Recalls follow injuries; if you're an early casualty, your claim contributes to the evidence base for recall.

Claim process

  1. Preserve the product, packaging, and any receipts
  2. Photograph the defect and any injuries
  3. Get medical attention and records
  4. Identify the manufacturer / importer (label, retailer records, ACCC database)
  5. Notify the manufacturer / importer of the claim
  6. Specialist lawyer arranges expert engineering / design review
  7. Settlement negotiation; tribunal or court if needed
Free claim assessment A specialist will assess your situation in a no-obligation 15-minute call →

FAQs

The questions claimants ask most.

I bought the product online from overseas - can I still claim under ACL?
Yes if the product was supplied in Australia. Importers (including Australian platforms that import on your behalf) are treated as manufacturers under ACL. Direct overseas sellers can still face Australian jurisdiction in some circumstances.
I no longer have the product - can I claim?
It's harder but possible. Receipts, packaging, photographs, and witness evidence can establish what the product was. Class actions and group claims often proceed without every claimant having the original product. The product, if available, is much stronger evidence.
How long do I have to claim for a defective product?
Personal injury claims under ACL have a 3-year limitation from when you became aware of the connection between the injury and the product. There's also a 10-year longstop from the original supply date.
I bought the product secondhand - can I still claim?
Yes for personal injury. ACL product liability runs against the manufacturer, not the seller. You can claim against the manufacturer regardless of where you bought the product, as long as it was originally supplied in Australia.

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