The areas of Professional Indemnity and the one of Product Liability are definitely amongst the most interesting in the field of personal injury. The former provides monetary coverage for injuries deriving from accidents which occurred to an employee while conducting his professional obligations. Product liability on the other hand provides coverage for damages caused by faulty products. The claims in the first case are directed towards the employer or the insurance company while the claims in the second one are directed towards the manufacturer of the faulty product.
However, it becomes interesting and worthy of debate when an employee uses a faulty product while he is conducting his professional obligations. The question would be whether to take advantage of his professional indemnity insurance or the compensation provided by the product liability. To answer this, it’s important to break the areas down.
Product liability entails the legal responsibility of every manufacturer towards a consumer who’s purchased and using its’ product. The liability is only going to arise when the product has been negligently manufactured and thus is incapable of serving its general purpose. This has to cause the user some sort of injuries in order for him to bring the case up in court. The damages can be either physical or emotional. The court won’t make a difference. For instance if a ladder breaks off and the worker falls on the ground but he doesn’t experience any severe injuries but his colleagues start making fun of him which leads to a harmed reputation – it could serve as grounds for a case.
Product liability cases are preferable because they are brought towards huge companies. This means that they are likely to offer fair settlements in order to keep the case on the low and not drag any unwanted public attention. This is something that should be taken to your advantage.
Professional Indemnity Insurance
There are different hypothesis in which this particular policy is going to take effect. However, the one that is of interest for the particular debate would include the events in which a worker has suffered an injury while conducting his professional obligation. Under the Labor legislation which is enforceable over the province of Ontario and therefore over the city of Brantford, the employer is obligated to compensate the workers for these injuries. Of course there are some underwater stones.
The work that was being conducted must have been authorized by the employer. If it wasn’t it would have to be something that is obviously going to contribute to his well-being. With this being said, it’s important to go over the particular circumstances in which the accident happened and base your decision on them.
Talking with an experienced personal injury lawyer will give the victim better clarity and information about how to progress with the case.