A tyre blew out due to a manufacturing defect causing an accident. Can I sue the manufacturer?

What the Law Says

The Australian Consumer Law (ACL) gives consumers strong rights when a product is unsafe due to a manufacturing defect. You do not need to prove the manufacturer was negligent — strict liability applies.

If a tyre blows out because of a flaw in how it was made — not due to misuse, wear, or improper fitting — the manufacturer may be held strictly liable under the ACL.

Section 138 of the ACL says a manufacturer is liable if a person suffers injury or property damage because a product has a safety defect. The law defines a 'safety defect' as one where the product is not as safe as a person is entitled to expect, considering factors like marketing, packaging, warnings, and likely use.

You must bring your claim within 6 years from when the cause of action arose — for example, the date of the accident — under the limitation periods in state and territory legislation that apply to ACL claims.

Statutory Text

A manufacturer of goods is liable to compensate a person who suffers loss or damage because the goods have a safety defect.

— Competition and Consumer Act 2010 (Cth), Sch 2, s. 138 — Manufacturer's liability for safety defects

Statutory Text

Goods have a safety defect if their safety is not such as persons generally are entitled to expect.

— Competition and Consumer Act 2010 (Cth), Sch 2, s. 9(1)(a) — Definition of safety defect

What to Do

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