Product liability

Companies face many challenges in product liability claims. Manufacturers, distributors and insurers are confronted with a minefield of questions and issues arising from liability risks and the wider potential exposure.

Companies operating across international boundaries and jurisdictions face even greater challenges. Each jurisdiction has its own product regulation, product liability laws, recall laws, procedures, court systems, inter-relationship with occupational health and safety laws and regulatory environments.

For companies that need to manage their exposure to product recall and product-related regulatory matters, DibbsBarker provides a full answer through a team that is experienced in all aspects of product safety and regulatory issues.

DibbsBarker advises national and international clients and their insurers on managing product liability risks, including compliance with legislative and reporting obligations and the conduct of product liability claims. We assist our clients to implement internal procedures to protect their interests and limit their risks. We develop tailored and cohesive defence strategies to protect our clients’ interests efficiently, sensitively and, where possible, through negotiation.

We use our extensive experience to assist clients to design product recall plans and work with them to implement successful product recalls.

We understand and know how to manage the expectations of the Australian Competition and Consumer Commission and specialist regulators such as the Therapeutic Goods Administration.

We assist our clients to navigate the complex regulatory environment. We are fully cognisant of the obligations and requirements of the work health and safety legislation in all Australian federal and state jurisdictions. We have a wealth of experience in conducting, mediating and resolving product liability claims before all court levels in Australia.

Our team looks beyond the legal aspects of a case to consider our clients’ reputation, brand, business relationships and ethical implications. We also work with clients to manage any adverse publicity.


  • We acted for the manufacturer of an electrical lead which was alleged to have caused a house fire and resolved it prior to the hearing on the basis of a verdict in the manufacturer’s favour.
  • We commercially resolved a claim against a boat manufacturer in respect of the death of a fisherman after the vessel sank in heavy seas and the flotation material in the vessel was dissolved by the fuel from the vessel.
Senior Associate
T +61 2 8233 9548
Recent News and Publications
06 Dec 2017
The Privacy Amendment (Notifiable Data Breaches) Act 2017 (Cth) applies to government agencies, private sector organisations with annual turnovers over $3m, and all organisations handling health information or involved in credit reporting.
30 Nov 2017
Consider the position of the buyer of a business, entering into a sale agreement with the seller. The seller will make various representations about the business that will be underpinned with warranties and indemnities, all for the purpose of giving the buyer comfort about what they are purchasing.
13 Sep 2017
An Australian business might contemplate litigation against an overseas party for a wide variety of reasons, such as a claim arising from a breach of contract with a foreign-based supplier or manufacturer.