Section 138 — Competition and Consumer Act 2010: Liability for loss or damage suffered by an injured individual

(1) A manufacturer of goods is liable to compensate an individual if: (a) the manufacturer supplies the goods in trade or commerce; and (b) the goods have a safety defect; and (c) the individual suffers injuries because of the safety defect. (2) The individual may recover, by action against the manufacturer, the amount of the loss or damage suffered by the individual. (3) If the individual dies because of the injuries, a law of a State or a Territory about liability in respect of the death of individuals applies as if: (a) the action were an action under the law of the State or Territory for damages in respect of the injuries; and (b) the safety defect were the manufacturer’s wrongful act, neglect or default.