We rely on everyday products to do their job — not put us in harm’s way. But when something fails, like a dodgy airbag, a faulty power tool, or contaminated food, things can go wrong fast. If you’ve been injured, you might have a product liability claim.
How the law protects you
Every product sold in Queensland must be safe to use. When it isn’t, Australian Consumer Law (ACL), part of the Competition and Consumer Act 2010, protects consumers by allowing them to claim compensation for injuries or losses caused by defective goods.
Under the ACL, manufacturers are automatically responsible if a product is defective. You don’t have to prove they did anything wrong — just that the defect existed and it caused your injury.
There are three main types of product defects:
- Manufacturing defects: Errors in production, such as a faulty batch or assembly issue.
- Design defects: When the design itself is unsafe, even if made exactly as intended.
- Marketing defects: Where warnings, instructions, or labels are missing or misleading.
Common types of defective product claims
The ACL covers most physical goods and services valued up to $40,000, including:
- Motor vehicles and car parts: Defective brakes, airbags, steering systems, or tyres causing accidents or injuries.
- Household appliances and consumer electronics: Faulty wiring, overheating batteries, or defective chargers leading to fires, burns, or electric shocks.
- Pharmaceuticals and medical devices: Unsafe medications, contaminated batches, or failed implants such as pacemakers or hip replacements.
- Packaged and processed food: Contamination, presence of undeclared allergens, or foreign materials like glass or wire.
- Children’s toys and products: Unsafe designs, toxic parts/paint, choking hazards, or flammable materials.
- Tools, machinery, and industrial equipment: Malfunctioning tools or faulty safety gear leading to workplace accidents.
- Gym and exercise equipment: Defective treadmills, weights, or resistance machines that break or malfunction during use.
- Workmanship-related defects: Poor installation, assembly, or repairs by tradespeople that leave a product or structure unsafe.
Many of these claims overlap with workers’ compensation or public liability matters, making experienced legal guidance essential.
Who’s liable when a product is defective?
- Manufacturers, including makers of the final product or individual parts (e.g., both an airbag maker and car manufacturer).
- Importers, who are treated as manufacturers when the actual maker is overseas.
- Suppliers and retailers, liable if they fail to identify the manufacturer or importer when asked.
- Brand owners who label products with their name or logo share manufacturer liability, even if they didn’t make the item.
What makes a product “defective”?
A product is considered defective when its safety falls below what the public is entitled to expect. The courts assess this based on factors such as:
- How the product was marketed and presented
- The adequacy of warnings and instructions
- The product’s intended and reasonably foreseeable use
- When the product was supplied
For instance, if a toy is advertised as safe for toddlers, parents expect it won’t include small choking hazards. Or if a power tool comes without clear safety warnings, that lack of information can make it defective.
Manufacturers must also consider foreseeable misuse. If it’s common for people to stand on the top rung of a ladder despite warnings, the design should still account for that risk.
Finally, expectations evolve over time — a product considered safe decades ago may be viewed as defective today if it’s still on the market. However, manufacturers aren’t expected to predict future technologies or safety knowledge that didn’t exist at the time of production.
Time limits for product liability claims in Queensland
- General rule: You have 3 years from the date of injury to start court proceedings under the Limitation of Actions Act 1974 (Qld).
- Delayed injuries: If the harm wasn’t immediately apparent (e.g. illness from defective medication), the 3-year period starts when you first knew — or should have known — the injury was linked to the product.
- Children: The limitation period usually begins at age 18, giving them until their 21st birthday to lodge a claim.
- Possible extensions:
- 10 years from when the goods were supplied, or
- 12 years from the act that caused the injury.
How to prove a defective product claim
To win a product liability case, you’ll need strong evidence showing the product was defective and that it caused your injuries. Key evidence includes:
- The product itself, which must be preserved in its original condition; don’t repair or throw it away.
- Photos or videos showing the damage, malfunction, or accident scene.
- Medical records linking the injury directly to the defective product.
- Expert report from engineers, product safety specialists, or medical experts explaining how the defect caused harm.
- Proof of purchase, such as receipts or credit card statements.
- Witness statements from people who saw the incident or can describe the aftermath.
- Recall notices or similar incidents showing that the product was known to be unsafe.
Take note that strong evidence can make the difference between a rejected claim and full compensation.
Compensation available
If you’ve been injured by a defective product, you may be entitled to claim compensation for:
- Medical expenses: hospital bills, rehabilitation, medication, and ongoing treatment costs.
- Lost income: For time off work and any long-term impact on your ability to earn.
- Pain and suffering: Compensation for physical pain, emotional distress, and reduced quality of life.
- Domestic and personal care: Including the cost of home help or care provided by family members.
- Property damage: If the defective product caused damage to your home, car, or belongings.
- Superannuation losses: Resulting from reduced income or early retirement due to injury.
Each claim is unique, and compensation amounts depend on your injuries, recovery time, and financial impact.
The claims process in Queensland
- Investigate and preserve evidence: Seek medical attention, keep the defective product, and gather photos, receipts, and reports.
- Identify who’s responsible: This could be the manufacturer, importer, retailer, or brand owner.
- Submit a formal notice: Under the Personal Injuries Proceedings Act 2002 (Qld), a notice of claim must be lodged before going to court.
- Negotiate, mediate, or court proceedings: Most claims settle once insurers review the evidence and liability. Should negotiations fail, your lawyer can file a claim to ensure your rights are protected in time.
Common defences manufacturers use
| Common defence | What it means |
| Misuse | The product was used in a way that wasn’t intended or couldn’t reasonably be foreseen. |
| Contributory negligence | You didn’t take reasonable care for your own safety, contributing to the injury. |
| Product modification | The product was altered or tampered with after it left the manufacturer. |
| State-of-the-art defence | The defect couldn’t have been known based on the scientific or technical knowledge available at the time. |
In summary
If a defective or unsafe product has injured you or someone you love, the Australian Consumer Law gives you strong rights to claim compensation — without needing to prove negligence. You generally have three years to act, so getting legal advice early is crucial.
Compensation can cover medical expenses, lost income, pain and suffering, care needs, and property damage. With the right legal team, you can level the playing field against manufacturers and insurers.
We’re on your side
At accident legal, we know the playbook — we used to work for insurers. Now, that insider knowledge is in your corner. When a defective product disrupts your life, manufacturers and insurers will test your limits. But we step onto the field with you and:
- Push back hard and plan every move strategically
- Make sure your claim gets full attention and isn’t sidelined
- Your lawyer handles your case start to finish, no hand-offs
- No upfront costs
- Gather all technical evidence and build a winning strategy
- Fight relentlessly to maximise your recovery
- Stay on the bench with you, with direct access to your lawyer 24/7 for any question or urgent update
No matter where life finds you in Queensland, we’ll be there. Home, hospital, or on the move — we’ve got you covered.
Speak to one of our expert Product Liability Lawyers today:
- Brisbane personal injury lawyers
- Logan personal injury lawyers
- Gold Coast personal injury lawyers
- Noosa personal injury lawyers
- Maroochydore personal injury lawyers
- Toowoomba personal injury lawyers
- Ipswich personal injury lawyers
- Townsville personal injury lawyers
- Cairns personal injury lawyers
- Bundaberg personal injury lawyers
- Rockhampton personal injury lawyers
