Whenever you buy something from a private retailer, you can rightfully expect a safe product that functions as advertised. If a product malfunctions and causes you to suffer harm as a result, or does not come with instructions about how to avoid injury during use, you may be able to pursue litigation against the manufacturer and/or certain other liable parties.
However, seeking compensation for damages stemming from a dangerous product can be difficult without the assistance of a local personal injury lawyer. By retaining a skilled Ottawa product liability lawyer, you can greatly improve your chances of securing a positive outcome against the company or seller who wronged you.
In Ontario, a consumer can only file suit over a product defect if they can prove that the item was “unreasonably dangerous” because of a flaw that existed when the product was made available to the public. The consumer must then show that the defendant owed them a duty of care, that the defect in question directly caused them to suffer an injury, and that they are entitled to compensation for specific compensable losses such as damages for pain and suffering, medical expenses, and loss of income.
There are several forms of actionable product defects. First, a product may have a defective design, meaning it was inherently dangerous before being manufactured, and every incarnation produced of that item is likely dangerous in the same way.
Additionally, a product with a safe design may be assembled incorrectly, leading to a manufacturing defect that impacts a specific batch of items. Finally, even safely designed products that are manufactured correctly can have marketing defects if the manufacturer or seller fails to include instructions for appropriate use or warnings about the dangers of improper use somewhere on or inside the item’s packaging.
The defendant in most product liability claims is the company or entity that manufactured the item in question, as they are usually directly responsible for the condition of a sealed product when it reaches a consumer. However, there are some situations where other parties may bear partial or total liability for a dangerous product.
For example, if a product is tampered with between the time it leaves the manufacturer and when a customer purchases it, fault for an ensuing defect might lie with a wholesaler, distributor, retailer, or independent seller. Likewise, negligent repairs and maintenance could make a mechanic or serviceperson responsible for injuries stemming from a defective product. A well-practiced lawyer in Ottawa can help pursue litigation against an inspector or certifier for a dangerous or defective product.
If an injury or loss results from a defective product, the manufacturers or retailers of the item can be held responsible at law, either in a tort lawsuit or for breach of contract. Companies tend to fight these product liability lawsuits diligently, as these claims can be very costly, both monetarily and to their reputations.
Our experienced Ottawa product liability lawyers can help you through this difficult litigation process. We gather all of the relevant and appropriate information in order to build a strong case for you. We are thorough and will seek out evidence to show the defects in the product that caused your injury. With all of the information that we gather from you, we will be able to reconstruct the events and show what happened and why your injuries are the direct result of a product failure.
To learn more about how a knowledgeable legal professional can help in your case, call our firm today.
Nicholson Gluckstein Lawyers