My husband died from electrocution after using a defective toaster. Can I bring a claim for damages against the manufacturer in my capacity as his widow?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Shamila Khan, Kingsville 3012 VIC
- Yes. You are able to make a claim for compensation but not under the Australian Consumer Law.
- The dependents of anyone who has died because of the negligence of others can bring an action for damages against the person or entity that committed the negligence under the relevant personal injury legislation in their respective state or territory.
- You would need to demonstrate that the safety defect that resulted in the death was caused by the manufacturers’ wrongful act, neglect or default.
As this is an important matter it is advisable that you consult a lawyer in your state or territory who can assist you in putting a claim together