---
title: "Screen an injury against the safety-defect test"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/screen-an-injury-against-the-safety-defect-test"
type: "task"
site: "AI Law Framework"
id: "A21-PR20261023-1"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-25"
---

# Screen an injury against the safety-defect test

> 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.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/screen-an-injury-against-the-safety-defect-test  
Last reviewed: 2026-10-25

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 3 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

The lawyer tests the screen against s 9 and s 138 and against any parallel state claim.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Checked against the linked sources on 23 October 2026. Confirm the current instrument before reliance. The Commonwealth text opened was the AustLII consolidation.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

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.

## Notes

- 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.

## Sources

- [Australian Consumer Law (Schedule 2), ss 7, 8, 9 and 138](https://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html) (checked 2026-10-23)
- [ACCC: Product safety laws and liability](https://www.productsafety.gov.au/business/understand-product-safety-rules/product-safety-laws-and-liability) (checked 2026-10-23)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [New South Wales](https://ailawframework.com/practice/personal-injury-and-compensation/screen-an-injury-against-the-safety-defect-test/new-south-wales.md) | Yellow |
| [Victoria](https://ailawframework.com/practice/personal-injury-and-compensation/screen-an-injury-against-the-safety-defect-test/victoria.md) | Yellow |
| [Queensland](https://ailawframework.com/practice/personal-injury-and-compensation/screen-an-injury-against-the-safety-defect-test/queensland.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*