Product liability claims
Product liability claims:
Your rights, our fight
Sometimes, injuries occur not due to your actions, but from defective products you’ve used. When a product causes harm during normal use, the effects can be devastating—both physically and financially. At GMP Law, we understand the complexity of product liability claims and the challenges faced by consumers who have been injured by defective products.
Our experienced team is here to guide you through the process of seeking justice and compensation.
Why Choose Gerard Malouf & Partners
Understanding product liability claims
Product liability claims arise when defective or unusual products cause injury or illness through normal use.
Product manufacturers and distributors are legally responsible for offering consumer guarantees regarding the product’s safety and providing clear communication of any and all risks. Failing to do so may be grounds for a product liability claim.
Common types of product liability cases include:
- Defective household appliances
- Faulty medical devices
- Dangerous children’s toys
- Contaminated food products
- Malfunctioning vehicle components
- Unsafe electrical goods
- Defective tools and machinery
- Harmful pharmaceutical products.
Product liability cases often involve multiple parties. Each party may have different levels of liability, and our experience shows that identifying all responsible parties is important for maximising compensation outcomes.
Liable parties could include:
- Manufacturers
- Distributors
- Retailers
- Quality control teams
- Testing laboratories
- Safety regulators.
We're here to help.
Eligibility for product liability compensation
To be eligible for a product liability claim, you must demonstrate:
- The product was defective or unsafe
- You used the product as intended
- You suffered injury or damage as a direct result
- The product hasn’t been substantially modified.
Even if you’re uncertain about claiming, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options.
Factors affecting compensation
The compensation you may receive typically depends on:
The severity of injuries
- Long-term impact on your life
- Age and pre-injury earnings
- Future care needs
- Pain and suffering
- Loss of wages and superannuation if the injury prevented you from working
- Medical expenses
- Any past or future care needs beyond typical medical care, including:
- Mobility aids
- Home modifications
- Ongoing support services
- Rehabilitation equipment.
At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about product liability claims
How do I know if I have a valid product liability claim?
A valid product liability claim typically requires proving three key elements: the product was defective, you used it as intended, and you suffered harm as a result.
For example, if you purchased a new electric kettle that exploded during normal use causing burns, this would likely constitute a valid claim. However, if you modified the kettle or used it contrary to instructions, your claim might be compromised.
GMP Law offers free initial consultations to help individuals explore their options. Our team can assess your specific situation by examining factors such as:
- The product’s intended use and your actual use
- Any warnings or instructions provided
- The nature and extent of your injuries
- The product’s history and any similar incidents
- Whether the product met Australian safety standards.
What evidence do I need to support my claim?
Based on our extensive experience, successful product liability claims require comprehensive evidence collection. Essential evidence includes:
- The defective product itself (do not dispose of it)
- Original packaging and instructions
- Proof of purchase
- Photographs of the product and your injuries
- Medical records documenting your injuries
- Witness statements if available
- Expert reports on the product defect
- Documentation of all related expenses
- Income records if work was affected.
We recommend starting a detailed diary immediately after the incident, recording all relevant information and keeping every receipt related to your injury and recovery.
How long do I have to make a product liability claim?
The standard limitation period for product liability claims in Australia is three years from the date you became aware of the injury and its connection to the defective product. However, it’s always best to seek legal advice promptly.
How are product liability claims different from other personal injury claims?
Product liability claims have a few characteristics that set them apart from other personal injury claims.
They:
- Often involve international law when products are manufactured overseas
- Usually have multiple potential defendants (manufacturer, distributor, retailer)
- May be part of larger consumer law issues
- Could involve class actions if multiple people are affected
- Require specific expert evidence about product design and manufacturing
- Often involve regulatory bodies and safety standards.
Our product liability claims team understands these differences, allowing for successful case management and resolution.
Insights to aid in navigating your product liability case
At GMP Law, we’ve successfully handled numerous product liability claims across Australia, giving us unique insights into these complex matters. Our experience spans a wide range of cases, from household appliance failures to medical device malfunctions.
A broad scope of product liability issues
Product liability claims can encompass a wide range of items and defects, so seeking legal advice about your specific circumstances is important.
Many products can pose a risk to consumers, including:
- Household appliances: Exploding batteries, malfunctioning heaters, or power tools with failing safety guards
- Automotive components: Faulty airbag deployments, brake system failures or seatbelt malfunctions
- Children’s products: Toys with choking hazards not labelled, cot designs causing entrapments, or unsafe chemical compounds in toys
- Medical devices: Defective joint replacements (such as our Exactech Class Action), malfunctioning insulin pumps or deteriorating surgical mesh.
Critical first steps
The immediate aftermath of a product-related injury is crucial. We’ve learned that successful cases often hinge on actions taken in the first few days:
- Preserve the product exactly as it was during the incident
- Document everything with photographs and videos
- Keep all packaging, instructions, and receipts
- Seek immediate medical attention and clearly explain how the injury occurred.
Evidence gathering challenges
One of the most significant insights we’ve gained is the importance of early and thorough evidence collection. Successful cases often require:
- Expert engineering analysis
- Medical documentation
- Similar incident reports
- Safety standard compliance records
- Design and manufacturing documentation.
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with product liability claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the product liability team
Meet some of the diverse and dynamic compensation lawyers who support our clients with their product liability claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our product liability lawyers using the form below, or simply call us 1800 004 878.
