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.