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James Watt, Kells
Product Liability Claims under Australian Consumer Law.

Overview:

An often overlooked or underutilised cause of action, manufacturer’s liability for goods with safety defects under the Australian Consumer Law (“product liability”) presents a useful and practical way of bringing a claim for damages resulting from personal injury, in addition to or as an alternative to common law negligence. James Watt, experienced compensation lawyer, traverses the ins and outs of the Australian Consumer Law in the context of product liability and its application to personal injury matters.

Outcomes:
• Discuss the scope of the Australian Consumer Law and its relevance to previously state-administered schemes of consumer protection.
• Identifying the relevance of s138 of the Australian Consumer Law to personal Injury matters.
• Understanding the construction and application of s138 to product liability cases, including a detailed analysis of the key elements of the available cause of action.
• Learning about the deeming provisions applicable to manufacturers and suppliers of defective goods.
• Considering the limitations imposed upon damages available under s138 of the Australian Consumer Law, as well as the Competition and Consumer Act more generally.
• Exploring issues associated with time limitations applicable under a cause of action pursuant to s138 of the Australian Consumer Law.
• Applying the theory of product liability to a fictional case study.