Consumer Law can be complicated. WK Lawyers can help and assist you to navigate this area of law and know what your rights are.
Under the Australian Consumer Law (or “ACL”) a customer (or “consumer” as they are known) can recover compensation from a manufacturer if that manufacturer has supplied an unsafe product and the product has caused loss or damage to that consumer. If there is no loss or damage to the consumer, then there is no claim for damages. It may however be worthwhile seeking legal assistance from WK Lawyers in respect to what else you can do to report an unsafe product that is available to consumers.
Loss and damage are legal concepts and include:
- Physical injuries to the person making the claim, or injuries or death sustained by another person; and
- Economic loss (financial loss) caused by damage to, or destruction of, property such as another good, land, a building or a fixture.
Dependents of a person injured or killed by a safety defect in goods can also claim for the losses they suffer as a result.
Consumers who suffer loss or damage because of safety defects in a manufacturer’s goods can:
- Take the manufacturer to court; or
- Make a complaint to a consumer protection agency, who may:
- Arrange a conciliation between the consumer and the manufacturer; or
- Consider, if there is significant public value in doing so, bring an action against the manufacturer in court.
If a consumer succeeds in an action against a manufacturer then the court will decide how much compensation is due. Where the actions or omissions of an injured person contribute to the loss, the court can reduce the amount of compensation payable.
In addition to the product liability provisions in the ACL, people who have been injured, or who have otherwise sustained loss or damage, may have legal rights under the common law to commence legal action against the manufacturer. Call WK Lawyers to discuss how we can assist you.