The Australian Consumer Law imposes statutory guarantees on the suppliers of goods to consumers. It also provides a mechanism to deem the importer of goods into Australia as the manufacturer, if the manufacturer is offshore and does not have an entity in Australia that you can sue. Each supplier of a product down the chain from the imported or manufacturer to the retailer who sells you the product needs to keep records so that they can tell you where they got the defective product. If they are unable to tell you where they got it, they will be deemed to be the manufacturer themselves.
Seek Professional Guidance First
If you have been injured by a defective product, consider how you will prove your case. It is sometimes better to seek immediate confidential legal advice, rather than complain to the supplier, who may want to take the product back to examine it, only for you to never see it again. If the actual defective product is the only evidence of what was wrong with it, this could make your claim very difficult to prove or more expensive to run. We can assist with working out whether it would be better to engage our own independent lab, engineer or other type of safety expert to examine and report on the product.
Entitled to Defective Product Compensation
The Australian Competition and Consumer Commission administers the Australian Consumer Law and may need to investigate the defective product that injured you – especially if other consumers are at risk and the product needs to be recalled. Their investigation might also help your case.
The Australian Consumer Law statutory guarantees about the quality of goods and services is not a duty of care, it is a statutory guarantee. It is possible to be liable under a guarantee even if you have not been negligent. It may therefore be possible to win a defective product claim, even if negligence (breach of duty of care) cannot be proven.
Contact us for a confidential, free, no-obligation initial consultation about your defective product case.