Defective Products and Product Liability in Personal Injury Law

Individuals who have been injured by a dangerous or defective product may be able to recover damages for their injuries. Product liability claims are very complex matters and differ considerably from other types personal injury cases. This is due to specific recovery rules and theories that have been developed for this particular field of personal injury law. It follows then that filing product claims and lawsuits involves the need for an injury lawyer that specializes in these types of cases.

Chain of Distribution and Supply

Injury victims or the survivors of defective product deaths in Hamilton can recover compensation from a number of individuals that are part of the chain of distribution including:

  • designers
  • distributors
  • manufacturers
  • retailers
  • suppliers
  • vendors
  • wholesalers

In most cases, the recovery of compensation from these companies and individuals is usually based in one or a combination of applicable Provincial laws. Additionally, there must be quality control systems in place to prevent dangerous and defective products landing on retailer’s shelves. Furthermore, quality control measures will ensure that all products are properly labeled with directions and warnings. However lax laws are sometimes taken advantage of and these results in injuries.

More Complexities to deal with

Personal injury cases based on defective products and product liability are oftentimes complicated and difficult for an injury lawyer in Hamilton and their legal team to litigate without the assistance of engineers, investigators, and other research experts. These professionals are involved in reviewing these types of cases and for the purposes of determining whether or not a product is dangerous or defective.

There is also a chance that some of the entities involved in the chain of distribution may not be located here in Ontario Province or Canada for that matter. Consequently, it is not always easy to ascertain who the responsible parties are and determine whether a personal injury case of this nature falls under Federal or Provincial law. Needless to say, the legal process involved can be incredibly time-consuming.

Compensatory and Punitive Damages

You typically see an award for compensatory damages in product liability cases and if your injury lawyer in Hamilton can prove negligence, there may be punitive damages as well. The purpose of compensatory damages is to make the injured person whole again financially and compensate them for the damages incurred. These damages are broken down into two categories – economic and non-economic losses – as follows:

  • Economic losses – cost of disabilities, lost profits and wages (current and future), medical expenses, property losses and repairs
  • Non-economic losses – loss of consortium or society, pain and suffering

If the judge or jury in your product liability case finds that the defendant’s behavior was blatantly careless, negligent, or reckless, you may be awarded punitive damages as well. In this case, the purpose of punitive damages is implied in the name – to punish the defendant for their behavior by awarding you monetarily.