AustraliaA product I bought caused me injury. Can I sue the manufacturer even though I bought it from a retailer?
Yes, you can sue the manufacturer directly under Australian consumer law, even if you bought the product from a retailer.
What the Law Says
Under the Australian Consumer Law (ACL), manufacturers can be held strictly liable for injuries caused by defective products — even if you didn’t buy directly from them.
The ACL is part of the Competition and Consumer Act 2010 (Cth). It gives consumers legal rights against manufacturers when a product is unsafe and causes injury.
You do not need to prove negligence — just that the product had a safety defect, that you were injured as a result, and that the injury was reasonably foreseeable.
This right applies regardless of whether you bought the item from a retailer, online marketplace, or second-hand dealer — the manufacturer remains legally responsible.
Statutory TextA manufacturer of goods is liable to compensate a person who suffers loss or damage because of a safety defect in the goods.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 138 — Manufacturer's liability for death or personal injury
Statutory TextA safety defect is present if the safety of the goods is not such as persons generally are entitled to expect.
— Competition and Consumer Act 2010 (Cth), Sch 2, s. 9 — Meaning of safety defect
What to Do
Seek medical attention and keep all records (reports, receipts, photos of injury/product)
Preserve the product and its packaging — do not alter or discard them
Notify the retailer and manufacturer in writing within a reasonable time
Lodge a claim under ACL s. 138 — no need to first sue the retailer
Start legal action within 6 years of the injury (limitation period under the Limitation Act in your state/territory)
Sources
Same Question, Other Jurisdictions
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Ireland
European Union
India
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UK
US FederalNot legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.