When we purchase a product, we do so because we have faith in the manufacturer and thus believe that the product is safe and will work as intended. However, sometimes a product will have a defect, and that defect can lead to injury. If you have sustained such an injury, you may have grounds to file a product liability claim against the manufacturer. (more…)
Regardless of how you sustained your injury, be it a motor vehicle collision, medical malpractice, a slip and fall, or any other negligent act performed by another, you may have grounds for a personal injury claim. In order to ensure that your case has chances of success, it is best to consult with an injury lawyer in Cambridge on the matter. (more…)
Now, when it comes to filing a product liability claim, there are a few things that you need to account for. Being injured in a case of the kind would allow you to seek reparations but it’s important to be aware of the fact that you can only do so within certain time frames that you need to be considering. (more…)
The truth is that millions of people throughout the entire province of Ontario purchase different products every single day. They range from food and groceries to mechanical instruments, vehicles and even toys for their kids. Of course, as you buy the product you have the realistic expectation that the manufacturer and the sellers have ensured that it’s in safe condition and that it’s not going to cause any significant threats to your health or to the one of your friends and family. (more…)
Have you just bought your new car for which you’ve spent thousands of dollars on? It’s a brand new model, straight from the dealership. However, you take it out for a spin and your break malfunctions leading to a terrible accident. It’s clearly the manufacturer’s fault but what can you do in this case? Luckily for you, this is the perfect representation of a product liability case, which is one of the most lucrative fields of expertise in the entire law. However, filing a claim of the kind requires thorough knowledge of different laws as well as a lot of experience on handling the case itself because it would commonly include a jury which you’d have to convince.
It’s worth noting that as per the current legislation on the territory of the province of Ontario, you can file product liability claims under two separate premises – Contractual and Common law.
Filing a claim under the grounds provided to you by the Contractual law could be incredibly beneficial. The main reason for which is that you are essentially implying a breach of contract which could lead to some serious compensations. Apart from all of the injuries, you’d also be capable of getting thoroughly compensated for the vehicle itself. This is due to the fact that aside from the regular duty required by the common law, there is also an additional duty of care implied by the sales-purchase contract.
This means that the seller is legally obligated to disclose all sorts of information regarding particular defects in the object of the sale. Hidden defects, as in this case, are also grounds for compensatory claims, regardless of whether the seller knew about them or no. In the first case, the claim is going to be dully civil while in the second, depending on the particular situation it could even get to criminal prosecution. However, the case in point which is subjected to personal injury law is a part of the civil law and there aren’t going to be any criminal charges. This is due to the fact that product liability cases seek monetary compensation and not to legally punish the perpetrator through a penalty, provided by the criminal legislation.
It’s also worth noting that unlike seeking reparations under common law provisions, doing so by claiming responsibility set forth through the contractual law, you can exceed the boundaries offered by common law. In any case, the claims which are filed for product liability are going to be extremely high, especially if they involve a fatality. The main reason for this is that they are usually targeted towards influential companies with billions of dollars in capital. You know it is essential to let an experienced lawyer handle such challenging and complex cases if you are serious about getting compensated. Thus, get a reference or look online to find a personal injury law firm that specializes in product liability cases.