Manufacturer liability for safety defects

ENGLISH

The claimant identifies a manufacturer, goods supplied in trade or commerce, a safety defect under s 9 and injury or recoverable damage caused by that defect. The regime is strict: proof of manufacturer negligence or a direct contract is unnecessary, but defect, causation and the statutory loss category must still be established.

ENGLISH

Manufacturer is defined broadly to include the actual maker, grower, producer or assembler, a person holding itself out through branding, and some importers where an overseas maker lacks an Australian place of business. Goods have a safety defect when they are not as safe as persons generally are entitled to expect.

ENGLISH

The regime covers personal injury to an individual, consequential loss suffered because another person was injured or died, damage to goods ordinarily acquired for personal, domestic or household use while privately used, and damage to privately used land, buildings or fixtures. Business property losses often require another cause of action.

ENGLISH

Section 142 provides defences where the defect did not exist at supply, arose from compliance with a mandatory standard, could not be discovered given scientific or technical knowledge, or was attributable to the design or instructions for a component. Claims face a three-year knowledge period and a ten-year long-stop under s 143, and liability cannot be excluded under s 150.