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Product Liability

Today I will be presenting to you some of the things I learned about "Product Liability". If you ever decide to go into business for your self you might want to read up on this subject. I will be answering seven Questions that make up the basic foundation on this subject. They are as follows:

2. Who may be liable for supplying a bad product?

4. What is the time limit for taking liability action?

5. When might the manufacturer be free from liability for a defective product?

6. What can a manufacturer do to reduce the risk of being sued?

7. What is the ACCC'S responsibility regarding the product liability provisions of the TPA?

The product liability provisions of the Trade Practices Act allow persons who suffer injury or loss as the result of a defective product to sue for compensation against the supplier of that product. This only applies to goods supplied after 9 July 1992.

A product is defective if it does not meet the level of safety that the public should expect. The level of safety will be different from case to case and it is ultimately for the court to decide whether a product is defec


Product Liability is no joke and if you go into business for yourself beware of the consequences.

„« Liebeck v McDonalds V a little under $ 600,000 for coffee burns. This case was won because McDonalds coffee was 45 degrees hotter than most coffee sold

She wanted 330,000 in past medical expenses and $50,000 in lost earnings and earnings capacity. She was awarded $750,000 in economic damages, $100,000 in non-economic damages and $28 billion in punitive damages.

„« The defect that arises could not have been discovered at the time the manufacturer supplied the goods because there was insufficient scientific or technical knowledge at that time;

Normally the product liability provisions of the TPA will apply to a company that:

Also if an injured person's acts or omissions contribute to the loss the court can reduce the amount of compensation payable to whatever extent is appropriate. This may be zero in some cases.



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Approximate Word count = 1088
Approximate Pages = 4 (250 words per page double spaced)


  

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