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.
Open a jurisdiction version of this task to see which instruments apply: NSWVICQLD
Who does what
| Role | What they do |
|---|---|
| Assistance | 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. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Check each factor in s 9(2) against the document cited, including packaging, marks, instructions, warnings and the time of supply.
- Do not treat a later safer product, or a recall notice, as itself proving a safety defect.
- Keep a Part 3-5 screen separate from any negligence or fault pleading and from that pleading's state limitation and threshold.
- Confirm health and wage records were not placed in a public tool.
Sources
- Australian Consumer Law (Schedule 2), ss 7, 8, 9 and 138 · 2026-10-23
- ACCC: Product safety laws and liability · 2026-10-23
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.