If you have been injured by a faulty product, equipment, or environment you may be entitled to claim compensation.
"Recent cases include winning $12,500 in damages for a child who injured his lip in a playground accident, to over a quarter of a million dollars for a 49-year-old-lady who was hit by a frame which fell off a truck."
These typically include household appliances, DIY hire equipment or garden tools but also extend to public transport accidents, plane accidents, injuries in public places like a supermarket, playground or street. Claims can also arise from dog attacks.
The key to any claim is proof. To claim you must be able to provide evidence of negligence or fault by the manufacturer or owner of the equipment, structure or environment involved.
Timing is also critical. Currently, for a claim in Western Australia, you must start proceeding in Court within 3 years of the date of the accident (sometimes only 1 year!) - otherwise you lose your right to make a claim. The only exception is if your accident happened before 15 November 2005. In this case you have 6 years to commence proceedings.
So don’t delay. If you think you might be able to claim compensation or damages for pain and suffering, medical expenses, loss of income or home help - take advantage of our FREE 20-minute no obligation consultation to find out what you might be able to claim.
Please ignore this advice if you have not already made a claim.
I need to make a claim - what do I do next?
- Report the incident to the appropriate authority, manufacturer or owner as soon as possible. For example, if you are injured in a supermarket, report the incident to a manager or supervisor, keep a record of their name, any witnesses who were present and the details you provided to the supermarket.
- Seek immediate medical attention and tell your doctor how the incident happened.
- Take photos of the accident scene and your injuries as soon as possible.
- Keep copies of all medical receipts and records.
- If you were injured by a faulty product – keep the product in a safe place. Do not return it to the manufacturer as it is important to keep this as evidence.
- Keep a diary - write down how your injury occurred, doctors’ appointments and any time off work.
- Call for legal advice as soon as possible. Time limits do apply (ranging from 1-3 years)and you could miss out on obtaining any compensation if you fail to make a claim in time.