Product liability and recalls
The law relating to product liability covers a wide range of
obligations and regulation relating to:
- product safety standards
- recalls of defective products
- the obligations of sellers, importers and manufacturers
- compensation for injury and property damage.
Generally speaking, the law considers that products are
defective if "their safety is not such as persons generally are
entitled to expect".
Defects can consist of inherent flaws in a product or simply a
failure to warn about safe methods of use - including matters that
may seem obvious.
Maurice Blackburn Commercial's lawyers have assisted commercial
clients, including manufacturers, importers and retailers to
minimise their exposure to product liability claims with advice on
matters such as:
- the suitability of product manuals and warning labels
- the risks and merits of conducting a voluntary product recall
as opposed to taking less costly and reputation-damaging steps to
inform consumers of potential risks
- potential liability for injuries and property damage resulting
from misused products
- rights of indemnity from manufacturers.
Information on making a claim if you have been injured by a
faulty product is available here.
For more information about product liability and recalls,
contact our legal experts Lily Nguyen or Nicole Papaleo.