Product Liability
5. Safety Defects
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 15 Aug 2015
- Although there are many potential product defects the most important and potentially most dangerous are those relating to safety.
- The product safety provisions apply to both consumer goods and to product-related services. Consumer goods are items intended for personal, domestic or household use and consumption. Product-related services involve the installation of such goods, their maintenance, repair, assembly and delivery.
- Any person who supplies goods or product-related services as part of trade or commerce will be responsible for complying with the safety provisions contained in the Australian Consumer Law. This can include manufacturers, hirers, retailers and wholesalers.
- In the event of litigation a product will be considered unsafe if it is not up to the standard that would reasonably be expected by a member of the community. It is generally up to the court to decide whether a product is safe or not. When doing so they will take a range of considerations into account. These include:
- the marketing of the product and what uses it is advertised as being suitable for;
- any relevant warnings or instructions;
- the reasonable usage of such a product;
- the product's packaging; and
- the time at which it was supplied.
- Just because a product complies with a particular safety standard or compliance mark does not mean that a court will find it safe.
- The Australian Consumer Law allows you to claim compensation for any personal injury or damage to private property that results from a safety defect in a product. This includes the dependants of someone who has been seriously injured or killed as a result of a safety defect.
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