Section 75AE(1) of the Trade Practices Act 1974 (Cth) is intended to provide a remedy to dependants of persons injured by defective products, not to create a right of indemnity for a negligent tortfeasor against a manufacturer whose defective goods also contributed to the plaintiff's injuries. Compliance with industry practice in product design, while not decisive, creates a strong evidentiary presumption against negligence that should only be displaced where there is a persuasive reason for concluding the common practice fell short of what reasonable care required. Where a product failure requires multiple independent and serious departures from expected standards of conduct (improper third-party adjustment and prolonged failure to maintain), a manufacturer who designed in accordance with the industry norm is unlikely to be found in breach of duty.
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