The recent media on the dozens of complaints about the Thermomix
kitchen appliance may have only touched the surface in respect of
the compensation law issues at play.
Consumers have tabled their concerns with the product with the
sector watchdog CHOICE that is expected to compile a full report
detailing the problems that many have experienced and submit it to
the Australian Competition and Consumer Commission (ACCC).
Reports suggest that more than 90 people have reported a problem
with the product, and in some cases have suffered personal injury,
and the expectation is that there could be more.
Some of these will be simple matters that are quickly resolved
inline with normal consumer complaint resolution processes, most of
which won't involve a compensation lawyer.
A customer complaining about the performance of the product is
likely to achieve some settlement direct from the company, such as
a refund or a replacement machine.
If necessary the ACCC may play a role, enforcing orders against
Thermomix on behalf of consumers.
However neither CHOICE nor the ACCC are best placed to assist
those consumers reporting more serious consequences of the
Thermomix that clearly fall under Personal Injury Law.
Some consumers have reported that they have suffered burns as
result of scalding liquid escaping the device, with the resultant
injury requiring significant treatment and resulting in scarring in
These are serious consequences that appear to be a direct result
of using the product.
Where the use of a product results in injury requiring treatment
or resulting in permanent disability, impairment or injury, then
there are more significant implications for the consumer and
importantly, more legal avenues to pursue.
In these circumstances, consumers do need to seek legal
Any injury, which results from the use of a product or service,
entitles the consumer to legal avenues to seek compensation for
what has been incurred.
In NSW the remedies available are wide ranging and can
Repayment of medical expenses;
Reimbursement for any economic loss;
Reimbursement for any care services obtained or provided by
Pain and suffering compensation.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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