Are you in VIC? If not, please change below.

In your state, you are required to confirm you wish to access this information. Please enter 'QLD' or 'WA' in the field below to continue.

No thanks

What to do if you receive an unsafe or defective Christmas gift

Christmas gift giving | Shine Lawyers

For most of us, Christmas is a time to see family, tuck into a delicious feast and of course, open presents. But what should you do if one of your gifts turns out to be faulty, even dangerous? What can you do if you’ve been injured by a Christmas present? If a defective product has sucked the fun out of your festive season, there are steps you can take to make things right.

The Australian Consumer Law

Christmas time or not, manufacturers have a duty of care to make sure their products are safe. When purchasing Australian-made goods, many of us don’t stop to question whether the products were produced in a way that upholds safety standards. And sadly, accidents do occur.

The Australian Consumer Law (ACL) is the national law responsible for consumer protection. Under section 138, a manufacturer is liable to compensate an you if they supply you with defective goods and you get hurt as a result.

Your rights as a consumer

Even if you haven’t been hurt, you have the right to return a faulty product. According to the Australian Competition and Consumer Commission, if the problem with the product is minor, the business is entitled to offer you a free repair.

If the issue is major, you’re entitled to ask for a replacement or refund. A major problem includes where:

  • The product is unsafe
  • The item is unfit for its purpose
  • The product is very different from a sample or description, or
  • The product wouldn’t have been bought had you known about the defect.

christmast-gift

Shine Lawyers – Know your rights

So if your Christmas gift was more naughty than nice, help is available.

If you or a loved one has sustained an injury from a faulty or defective product, you may have a claim for compensation to help you get back on your feet. Shine’s expert product liability lawyers can assess your case and help you figure out whether you have a claim. Get in touch today.

Written by Shine Lawyers on . Last modified: December 19, 2017.

Join the discussion

Share this article:

There are 0 comments. Be the first!

Safety Warnings for Everyday Products

When selling potentially harmful goods and services to consumers, businesses have a responsibility to comply with safety warning requirements. As consumers, it is important to look out for and understand these warnings to assist you in making informed choices about your purchasing and how to use the product safely to avoid injury or harm. Under […]

Read more

Faulty High-tech braking systems: Subaru and Honda Recalls

The safety of cars with automatic braking systems have been called into question with car manufactures issuing worldwide recalls in response to faulty program software. Car manufactures Subaru and Honda have announced large recalls due to malfunctioning technology designed to prevent rear-end crashes and avoid hitting pedestrians, yet instead are putting the vehicles at risk […]

Read more

China-Australia Free Trade Agreement: potential commercial implications

The China-Australia Free Trade Agreement (ChAFTA) was signed on the 17th June 2015, implementing a foundation in the next phase of inter-economic relationships between Australia and China. The potential for the ChAFTA to create opportunities for Australia is evident, with China accounting for Australia’s largest export market for goods and services and a nearly a […]

Read more

Breast implant suspended from Australian market

The Therapeutic Goods Association (TGA) has imposed a 6 month suspension on Cereform silicone gel-filled breast implants and associated sizers from the Australian Register of Therapeutic Goods. Since 2009, about 4800 of the implants were sold in Australia. The action taken by the TGA will now prevent the devices from being supplied to the Australian […]

Read more