What is the burden of proof in a product liability claim?

In the EU, the burden of proof in product liability claims generally falls on the injured person, but the manufacturer must prove certain defences — such as that the defect did not exist when the product was put into circulation.

Under the Consumer Protection Act 1987, the claimant must prove the product was defective and caused damage; the manufacturer does not have to prove it was safe.

Under Japan’s Product Liability Act, manufacturers can avoid liability by proving the defect did not exist when the product was delivered, the claimant’s negligence caused or contributed to the damage, or the state of scientific/technical knowledge at the time made the defect undiscoverable.

Yes, you may be able to claim damages under the Australian Consumer Law if the implanted medical device was unsafe, defective, or failed to meet consumer guarantees.