Information

 

Liability of manufacturers for safety defects

Sections 138, 139, 140 and 141 of the ACL make a manufacturer who supplies goods in trade or commerce liable for injuries, death or property damage caused by a safety defect in those goods. The manufacturer is made liable to pay compensation to:

  • persons who directly suffer injury or death as the result of safety defects in the manufacturer's goods.
  • other persons who may suffer loss or damage indirectly as the result of safety defects in the manufacturer's goods.
  • persons who suffer loss or damage because safety defects in the manufacturer's goods cause damage to that person's other personal, domestic or household goods.
  • persons whose private land or buildings are damaged as the result of safety defects in the manufacturer's goods.

If the person who wants compensation cannot identify the manufacturer of the goods, they are entitled to request that information from the supplier of the goods. If the supplier fails to provide the necessary information, the supplier becomes liable for the relevant loss or damage in place of the manufacturer.