Filing For A Product Liability Claim After Using Unsafe Products

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…)

What Are The Grounds For The Claims In Product Liability Cases?

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.

Product Liability under the Legislation of Ontario

Product liability is without a doubt one of the most common types of cases that are usually going to be brought in front of the court. However, there are a lot of variables that are going to have to be thoroughly considered prior to going for a case of the kind and if everything goes as the law wants it to go there isn’t going to be a need of trial in the first place. This is due to the fact that both Commercial law and the Common Law of Canada are stipulating a lot of provisions which regulate the subject matter and they provide a lot of room for out of court unofficial settlements between both parties in Brantford.

Timeline for Product return

The first thing that you need to take into thorough consideration is the fact that even if the retailer doesn’t provide you with warranty, even though is obligated to; you are legally allowed to return the product within 2 weeks of purchasing it. If you find any hidden defect which wasn’t brought to light at the moment of the purchase, you can demand that your product be repaired or that you get a new one of the same standards and quality. What you need to understand is that you aren’t obligated and you most certainly don’t have to tolerate imperfection of what you have already paid for. These rules are intended to provide the customer with the protection he needs because, after all, he is the one who is spending the money for a damaged good. However, if the store owner protests and doesn’t wish to do this, you have rights of the Brantford manufacturer’s warranty.

Suing the manufacturer

This means that you can take the dispute straight to the manufacturer. He is also legally obligated to help you out and provide you with the necessary alterations and possible repairs. However, in the majority of cases, the manufacturer would have sold the warranty to the store owner and he would be the one who’s going to be able to claim the rights under said warranty.

Only if these two paths are properly exhausted it’s going to be advisable and recommended to take the case to trial, even though the opposite parties are likely to be inclined to a settlement the moment you bring up possible trial actions. This is because they know that the law is most likely going to be on your side and that they don’t have enough chances in a potential legal dispute. However, if they go for it and they lose, they are also going to have to pay the legal charges and the attorney fees and this could get quite expensive, provided that some Brantford lawyers are definitely expensive.

That is why sometimes it is best to get the compensation in an out of court settlement and wind up the case faster. This helps you financially with the loss or sustained injuries.

Who can be Sued in a Product Liability Case?

Every designer, distributor, manufacturer, retailer, and other individuals within the chain of distribution owes a specific standard of care to the consumers who purchase and use their products.  The intention is to ensure that dangerous and defective products do not wind up in the hands of the consumer.  These types of products do not meet the consumer’s expectations of safety and can lead to serious injuries and in some cases, fatalities.  There are a number of ways in which this can happen including flaws in the original design, manufacturer error, and wide range of other defects.

Examples of Defective Products

Some of the more common examples of defective products that have been documented in recent years include:

  • Appliances and electronic devices that combust after prolonged overheating
  • Dangerous children’s toys (specifically choking hazards and exposure to lead)
  • Unsafe foods
  • Vehicular mechanical failure

There has been an increased amount of concern throughout North America regarding children’s and toddler’s unsafe toys.  As a result, many of these toys have been recalled off of retailer’s shelves.  Furthermore, government regulatory agencies have become increasingly more active in food product safety standards.  Consequently, we have been seeing an increasing number of recalls due to bacterial contamination and the use of toxic chemicals, all of which are not permitted by Canadian legal standards. That is why you need to consult a legal professional so that you get justice and claim compensation.

The Need for experience Legal Representation

In many cases where defective products are responsible for the serious injury to or death of an individual, product liability claims and lawsuits arise.  So whenever any of the parties in the chain of distribution are deemed responsible for fatalities or injuries you typically see claims and lawsuits arise.  This warrants the legal representation of a personal injury lawyer in Hamilton or the greater Toronto area that specializes in defective product and product liability cases.

What You should know

If you or a loved one was recently injured or passed away when they used a defective product, a personal injury lawyer will ensure that you get the compensation you deserve and that your rights to do so are protected.  Keep in mind 2 things when filing a claim or lawsuit for a defective product that caused injuries.  First, you don’t have to be the person who purchased the product initially and second, you don’t have to be the person who used the product.

Unfortunately, defective product claims and product liability cases are oftentimes very complex matters.  Sometimes, it can be extremely difficult to identify everyone in the chain of distribution that can be held liable for your injuries or a loved one’s demise.  However, in Hamilton, having a personal injury lawyer and their support staff handling your claim and potential lawsuit is a step in the right direction to ensuring that you get the compensation you are deserving of.