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Product liability claim

Commonly asked questions about product liability claims:

If you suffer injury as a result of goods which you have purchased, you have a number of options in terms of who to sue. Your Stacks lawyer will listen to your case carefully, and advise you which option is the most appropriate for your individual situation.

You can sue the person or company which sold you the goods on the basis of negligence. Or you can sue the manufacturer on the basis of negligence.

If you want to sue a company then you can rely upon the Commonwealth Trade Practices Act which gives a lot of rights to consumers. If you want to sue an individual then there are a number of statutory rights on which you can rely under state legislation. In NSW, you would rely on the Fair Trading Act.

If you want to sue the manufacturer, you can give a notice to the company which sold you the goods requiring it to tell you the name of the company from whom it purchased the goods. If you don’t get a response within a fixed time period, the company which sold you the goods is deemed to be the manufacturer. Under the Trade Practices Act there are a number of requirements of manufacturers.

Depending on the particular claim which is being made, time limits vary considerably. However, in most cases, there is a strict three year time limit for making a claim under the Trade Practices Act and the court has no power to extend that time limit.

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