Product Liability

If you have been injured because of a faulty or defective product, large or small, you may be able to make a claim for the loss and damage flowing from your injuries.  Even if the product was manufactured overseas but purchased in Australia, claims can potentially be available against the importer or seller.

If you have been injured because of a faulty or defective product, contact 07 3303 9800 and speak to one of our principals. 

How We Can Help

Expert Advice

Our expertise is grounded in our experience acting for people injured in accidents of every sort – work accidents, motor vehicle collisions, slip and fall, medical negligence, product liability, diving accidents, and any other situation where an injury has occurred because of another person’s negligence.

Time limits

Strict time limits apply to all claims.

To ensure you do not lose your entitlement, it is important that you contact us as soon as possible to discuss your claim.

Free initial consultation

If you have been injured in any way, we are happy to talk to you about making a claim.  Whenever possible, we prefer to do this face to face so that you can meet one of our principals and properly discuss your potential claim.  If we are unable to assist you or you decide not to proceed, we will not charge you for that initial consultation.  

Our fees

During our initial consultation we will discuss the basis upon which we charge for our services.  Many firms advertise that they act on a “no win, no fee” basis. MurphySchmidt does not use that term.  

We will usually agree to act on a speculative basis.  This means we will only charge you for our professional fees if and when your claim is successfully finalised.

We do not charge uplift fees and our fixed fee arrangements ensure complete transparancy.

We look forward to speaking with you. 

Product Liability FAQs

  • If we think you have reasonable prospects of success, we will usually agree to act on a speculative basis.  That means we will not charge for our professional fees unless and until your claim is successfully finalised.

    We do require payment of any costs or outlays (eg. medico-legal reports from a specialist) incurred on your behalf, even if your claim is not successful.  We will not incur significant outlays without first discussing it with you.  An estimate of outlays will be provided in our Costs Agreement. 

    Our costs will be reasonable – we will discuss them with you in detail before you instruct us to act on your behalf and will enter into a Costs Agreement with you.  We strongly recommend you seek independent legal advice about the Costs Agreement before you sign it.

  • If you have been injured by a defective product, in Queensland or elsewhere, you may be entitled to compensation.

    These claims will often be against the person who sold or used the defective product, or the manufacturer or importer of the product. They will often have insurance and, if so, the insurer will handle the claim and pay any damages.  We can advise you in detail about your right to claim and your prospects of success.

  • Notice needs to be given to the manufacturer, vendor or importer of the product.  Strict time limits apply – you need to get expert advice now about the time limits which apply to you.

  • It is impossible even to estimate the amount of damages you might recover without knowing a lot more about you and your injuries. Damages you might recover include:

    • Medical and other out of pocket expenses
    • Loss of income
    • Pain and suffering
    • Care and assistance
    • Aids and equipment
    • Future expenses

    You may also be entitled to make separate claims for additional insurance benefits such as income protection and total and permanent disablement benefits.  You will find more information about these claims under Income Protection and Disablement claims.

  • No, you can handle the claim yourself.

    However, insurers have extensive experience in defending claims and will often instruct lawyers to act on their behalf.  Insurers cannot provide you with independent advice.  You may find yourself at a disadvantage if you do not have legal representation.

  • That depends on the amount of damages you recover. Legislation in Queensland restricts the amount an insurer has to contribute towards your costs – we will provide detailed advice about this. 

    Even if the insurer is required to pay something towards your costs, it will not cover your entire costs.  The difference will be paid from your settlement or judgment monies.  We will discuss this with you in detail when we give you our initial Costs Agreement and before you instruct us to act on your behalf.

  • This is impossible to say without knowing a lot more about you and your claim.   Some relevant factors include:

    • the severity and extent of your injuries – it is vital that your injuries be stable and stationary before any settlement negotiations commence – in Queensland, any damages you receive will be in full and final settlement of your claim.
    • whether the insurer disputes liability for your claim.
    • your age – if a child is injured, it is sometimes best to wait for them to finish school and start work so that an accurate assessment of the impact of their injuries can be made.
  • Queensland legislation requires that the claimant and the insurer attempt to reach a settlement before court proceedings are issued. Claims are very rarely decided by a judge.  Even if proceedings are issued in court, claims frequently settle before reaching trial.

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