Pharmaceutical product liability under Australian Consumer Law

Mabel Tsui (QUT School of Law) has today kindly made available online her recent Ph D thesis entitled A critical analysis of pharmaceutical manufacturers’ product liability claims under the Australian consumer law: Interpretation, operation and reform.

The opening to the abstract explains:

Contemporary literature about the Australian Consumer Law (‘ACL’) as applied to product liability claims have identified a problem as to how the ACL operates in respect of such claims. The existence of multiple grounds of actions within the ACL regime, operating alongside the common law of negligence, has resulted in inconsistent outcomes occurring within the same set of facts. The identification of this legal anomaly has resulted in calls for the selection of one ground of action, operating to the exclusion of all others within the ACL. This justifies a careful consideration of the relevant grounds of actions, and which one should be chosen to have that prevailing and pre-emptive operation. This thesis will attempt to resolve this question by examining the operation of the ACL through the lens of pharmaceutical product liability claims.