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(b) That's right. The common law liability of manufacturers has been clearly recognised since Donoghue v Stevenson [1932] AC 562 and depends on a failure by the manufacturer to prevent foreseeable harm to a person to whom a duty of care is owed. That is likely to include a person to whom their product was given as a gift. However the plaintiff must prove that the manufacturer was careless, even if the products in question are defective, dangerous in themselves or dangerous in particular circumstances.

Donoghue v Stevenson [1932] AC 562.

There are also statutory provisions that provide an alternative basis for liability. The Australian Consumer Law (ACL) makes a manufacturer or importer of defective goods liable for injuries caused if the goods had a safety defect, that is, if they were not as safe as persons generally are entitled to expect. This liability is not absolute because there are some defences available to the manufacturer or importer, for example if the state of scientific or technical knowledge at the time would not have allowed the defect to be discovered. Note that liability under the ACL falls away if the injured person is able to recover the loss from a workers' compensation scheme.