Category: Product Liability

Can Medical Products Be Tried Under Product Liability Laws?

Injury Lawyer

Almost every single accident is going to cause some sort of an injury. Even though some of them are not going to have terrible consequences and you can get by without the use of any medication, the majority of cases would require you to treat yourself. The most convenient and still conventional treatment involves using medical products such as drugs. This means that the medical products can be subjected to a product liability case, if they were unfit for the particular purpose or there was something wrong with the drug itself. However, in order to claim such merit for a case, the patient must have suffered from some sort of injuries, caused by the drugs in question. This is why the Statute of Limitation is going to be enforceable and the time period during which you can file your claim is going to be limited.

Proving product liability

Now, it’s important to know that claiming product liability in the case of usage of medical products is one of the most difficult things you can go through. This is due to the fact that your injury lawyer in the city of Cambridge will have to prove that the injuries were caused by the particular product. This is easier said than done. In most of the cases the medical procedures carry a certain percentage of risk that you are going to be informed about. The doctor is going to require you to sign a document which allows them to carry out the medical treatment and the respective usage of drugs regardless of the risk. If you sign this document you are basically giving them a green light and they won’t be held accountable if something happens.

Another thing to note is that these medical products have specific side effects. You also can’t file a claim if you have experienced any of those side effects. This is due to the fact that medical products put a clear and concise disclaimer which alerts every user about the potential side effects.

Basically, you could claim damages if the suffering which was caused doesn’t really fall within the mentioned side effects and they were not predicted by the possible risks. These are events in which the patient has suffered from severe injuries which are not typical for the usage of this particular drug. The lawyer in Cambridge has to be able to prove that this drug does not usually cause the suffered injuries. This requires thorough examination of medical documentation and sound research on the effects of the drugs. The claims have to be filed towards the company which has produced the medical product as it is at fault for not predicting this kind of injury.

What is the Point of View of Injury Lawyers in Cambridge on Product Liability Cases?

Injury Lawyer

An Injury Lawyer in Cambridge is going to take care of a lot of different cases, considering that the area of personal injury law is incredibly vast. However, the state of Ontario has Provincial laws that differ from the ones set forth by other states and they should be taken into consideration as they are the only ones that have legal effect on society. With this in mind, we recognize several different potential causes for personal injury cases that may require the contracting of an Injury Lawyer in Cambridge.

Product liability

These are cases which derive from defective or all in all faulty product. The responsibility may be carried out by the manufacturer or by the vendor, provided that the latter has purchased the right to sell the product. As per Ontario’s current legislation, this kind of responsibility may derive from both Contractual law and basic negligent behavior.

When it does derive from the Contract Law, the Sale of Goods Act takes effect and the case should be resolved accordingly. The aforementioned act clearly governs that every product should fit the set forth standards and should be fit for general usage. If the product does not meet these criteria the vendor may be hold responsible in the event of an injury as result of the defect.

When the case derives from the negligent behavior of the vendor or manufacturer, respectively, there is also a duty of care involved. This suggests that the selling party should take proper care of the product and if this duty is somewhat breached it could be held liable.

Car accidents

Car accidents are often grounds for insurance disputes and some Injury Lawyers in Cambridge offer representation in front of the insurers. It is important to know that the Rules of Fault Determination take place in the state of Ontario and as per them a certain amount of fault should be assigned to each of the involved in the car crash. The fault is then calculated and the compensations are reduced accordingly. Of course, if the fault is 0% then the victim is entitled to the full amount of the compensation.

Slip and fall accidents

These take place when there is a breach of the Occupier’s Liability Act. The cited legal provision governs that each owner or an entity that is in charge of managing certain property should take the require precautions to prevent any sorts of incidents involving other citizens. Therefore, if you slip and fall on a slipper floor in a shop and the owner or the tenant haven’t placed an alarming sign, you are going to be fully entitled to file a compensatory claim for the injuries that you have had to suffer from. That is because you had no prior knowledge or warning about it and suffered the injuries due to the negligence of others.