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Legal Forums » Product Liability Law Discussion Forum » Who may be liable for supplying a defective product?
Started Dec 30 2012, 03:57
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Dec 30 2012, 03:57
The product liability provisions of the Trade Practices Act will generally apply to a company that:
• manufactured the product, or
• imported the product, or
• sold 'own brand' goods manufactured for it under license.
The retailer may sometimes be deemed to be the manufacturer of the product and hence liable.
Who can bring an action for compensation? -and- What type of loss may be compensated?
The Trade Practices Act allows anyone to claim for personal injury or damage to private property (including land or buildings) resulting from a defect in the product.
Dependants of a person injured or killed by a defect in goods can also claim for the losses they suffer as a result.
Damage to commercial property is not covered nor is any loss arising from a business relationship, such as loss of profits. The Act also excludes losses for which a claim might be made for workers compensation and losses regulated by international agreements.
ID#43405
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