Personal Injury

Consumer Protection

Injuries may arise as a result of purchasing a defective product. In these cases, a person may be eligible for consumer protection compensation.

Mendis & Gibson Lawyers

Consumer Protection Lawyers Essendon and Melbourne CBD

Injuries may arise as a result of purchasing a defective product. In these cases, a person may be eligible for consumer protection compensation. Australian Consumer Law governs protection to consumers and states that manufacturers, distributors, or importers may be held liable for any loss or damage as a result of a product defect or defects.

Mendis & Gibson Lawyers

What is required to make a consumer protection claim?

To make a consumer protection claim, it must be proven that a defective product has caused your injury. The product must be deemed as not fit for purpose to satisfy the defective status.

For the purpose of properly establishing a connection between the faulty product and your injury, it is important to keep records if you have suffered an injury as a result of a defective product, including any medical treatment received, any loss of income, and any other damages. It is recommended to take photos of the defective product and to also take photos of your injuries. Also, be sure to keep the product that has caused the injury so a link may be established between the product and your injury.

Mendis & Gibson Lawyers

What compensation could I receive?

The main purpose of compensation is to put you back in the position you would have been had the breach in duty of care never happened. You may be eligible to receive compensation to cover for any medical expenses and hospital expenses incurred, any rehabilitation expenses, any loss of income or loss of future income and any other relevant financial and non-financial damages.

Mendis & Gibson Lawyers

When should I lodge a claim?

It is imperative to not wait too long to seek legal advice after your injury and to lodge a consumer protection claim. State and Federal laws have imposed limitation periods, which is the time frame within which you have to lodge a claim.

Generally, the limitation period begins from the date of injury and expires three years after the date of injury. Further, actions can only be taken within ten years of you purchasing the product.

Mendis & Gibson Lawyers

What will happen if I lodge a claim?

Seek legal advice if you wish to make a consumer protection claim. Certain information will be required from you such as medical reports, letters from you doctor, and hospital records to proceed with the claim. Also, any further evidence of your financial and non-financial losses will be required to build your case.

With all the given information, we will engage in settlement negotiations to achieve a fair outcome for you. If the matter is unable to be settled in the preliminary stages, then it may be directed to Court.

It is important to be aware that claims may take a long time to be resolved. This is because it is often necessary to wait until an injury has stabilised so the matter may be settled properly and fairly.