3 Types of Product Liability Claims - Diamond and Diamond Lawyers
  • Monday, 28 August 2017

3 Types of Product Liability Claims

#AskStephanieSlavens

The number of products people use or come in contact with on a daily basis is staggering. From your coffeemaker in the morning to the car you drive to work and the countless food items, electronic devices and other manufactured products you use each day, the assumption is they will perform as promised. Products manufactured, sold and distributed in Ontario and throughout Canada must meet strict safety standards, but even those standards cannot protect you from being injured.

Product safety laws

The purpose of product safety legislation on the national and provincial levels is to ensure that the products, foods and pharmaceuticals people use will not harm them. When problems with a product are discovered, the laws impose notification requirements on manufacturers and retailers to alert consumers. When necessary, recalls or other corrective measures can be required to ensure consumers are not injured.

Product liability claims when injured

Occasionally, defective products that make their way into the hands of consumers cause injuries. There are three types of defects an injured consumer might be able to rely upon to hold a manufacturer, distributor, retailer or other entity responsible for paying compensation: Design defects, manufacturing defects, and marketing or failure to warn defects.

Design defects

Some product defects occur before a product reaches the manufacturing stage. A product could be properly manufactured, but its design could cause it to fail and injure an innocent user. An SUV design making the vehicle top heavy and prone to rolling over is an example of a product defect originating at the design stage.

Manufacturing defects

If the design of a product is not at fault in causing an injury, the problem could be something occurring in the manufacturing process. Manufacturing defects occur unintentionally during the production process. It could be the result of tainted or inferior raw materials used in the manufacturing process or by the failure of the manufacturer to inspect for defects before allowing the product to leave the factory.

Failure to warn defects

It is the responsibility of manufacturers to provide consumers with directions for the safe operation and use of their products. Any risks that might not be readily apparent to a consumer must be disclosed. For example, a food product containing a substance, such as peanut oil, that could cause a severe allergic reaction in some people should clearly note the hazard on the product.

Some products, even though safe to use as intended, could pose a danger requiring a warning either in the directions or on the product itself. A utility light that gets extremely hot when used for extended periods might be safe as used, but the burn hazard is something a consumer might not be aware until an injury occurs.

Making a claim against sellers of defective products

Although the focus in product liability claims is usually on the manufacturer of a product, a consumer might also have a claim against a distributor or seller depending on the facts of a particular case. Retailers and distributors of products could have a duty to warn consumers if they become aware of a hazard or danger associated with a particular product.

Personal injury lawyers handling complex cases

Product liability claims can be complex and highly technical requiring a personal injury lawyer with knowledge of negligence and defective product laws. The personal injury lawyers at Diamond and Diamond have the skills and knowledge to provide you with superior representation if you or a loved one are injured due to a defective product. Call our 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now about your claim. Consultations are free, and we have offices located throughout Ontario.

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