Product Liability

Product Liability Cases

If you’ve had products that are defective causing danger to you, the consumer, you may have a tort claim. If you are seeking compensation for any type of injuries or damage that arose out of a defective product, you may have a claim against not only the manufacturer of the product, but also anyone who installed the product or certified it. In addition to this, a claim may also be made against the retailers that sold the dangerous and defective product to the consumer.

It is important to bring product liability claims to the attention of a personal injury lawyer, such as us, in order to help you make your case.

Product liability refers to circumstances where a consumer purchases a product, and an issue with the product that causes bodily harm or property damage to a third party.

Liability Claim

There are three most common types of defects that an injured consumer might depend upon to hold a manufacturer, distributor, retailer, or other parties responsible. That is design defects, manufacturing defects, and failure to warn defects.

Design defects

They occur before a product reaches the manufacturing stage. A product could be correctly manufactured, but its design could cause it to fail and injure an innocent user.

Manufacturing defects

These defects occur accidentally during the production process. It could be the result of the materials used in the manufacturing process or the manufacturer’s failure to inspect for defects before allowing the product to leave the factory.

Failure to warn

Manufacturers must provide consumers with directions for the safe use of their products. Any risks that might not be evident to a consumer must be revealed.

Legislation in Ontario provides injury victims who have suffered compensable damages because of a product to claim for losses such as pain and suffering, past and future income loss, future health care, and any other expenses sustained.

Proving Liability

Product liability cases can be tricky to show when making a claim you have to prove all three of these criteria;

  • First, that the manufacturer owed you a duty of care. The first one is easy to show because manufacturers have to provide consumers with a duty of care.
  • Second, the manufacturer breached the duty of care. That could be that the manufacturer was negligent in the design of the product, and/or the manufacturer failed to notify consumers about possible risks or dangers when using the product.
  • Third, the manufacturer’s negligence caused the consumer’s injuries. A manufacturer will have their liability limited if a consumer is using the product in a way that was not intended for the product to be used.

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