Screen an injury against the safety-defect test

Key facts

Human involvement
YellowClose supervision
How AI is used
From the lawyer's selected records, list the goods, the supply, the marketing, packaging, marks, instructions and warnings, the use, and the time of supply by the manufacturer, each tagged to a document. Do not decide whether there is a safety defect or a claim.
What the lawyer must review
  • Decide whether the goods' safety is not such as persons generally are entitled to expect, and whether s 138 is open.
  • Later safer goods, or compliance with a standard that was not the safest, do not alone prove a defect.
  • Keep health and wage records in a firm-controlled tool.
  • Apply ASCR r 9 and APP 11, and decide whether any breach is notifiable.
Written for / version
NSWVICQLD

Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD

Who does what

Who does what
RoleWhat they do
AssistanceFrom the lawyer's selected records, list the goods, the supply, the marketing, packaging, marks, instructions and warnings, the use, and the time of supply by the manufacturer, each tagged to a document. Do not decide whether there is a safety defect or a claim.
LawyerSet the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output.

Checklist

  1. Check each factor in s 9(2) against the document cited, including packaging, marks, instructions, warnings and the time of supply.
  2. Do not treat a later safer product, or a recall notice, as itself proving a safety defect.
  3. Keep a Part 3-5 screen separate from any negligence or fault pleading and from that pleading's state limitation and threshold.
  4. Confirm health and wage records were not placed in a public tool.

Sources

These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

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