Injured in an accident? At Diamond & Diamond, our team of lawyers rely on their reputation in the field and extensive experience in personal injury to provide clients with a dedicated support system over the duration of their case.
Thousands of people are injured annually from dangerous and defective products. Hazards include choking, fire, and electrical shock. If you have experienced any injury or distress from a faulty product, you might be wondering what to do next and what recourse is available to you.
Depending on the product, identifying all parties that may be liable for your injury can be difficult. Our experienced, knowledgeable lawyers have the skills to do just that. We understand the importance of digging up all potential defendants, which will undoubtedly increase your chances of attaining full compensation for your injuries.
Diamond and Diamond Lawyers have helped many individuals, corporate and real estate clients across Ontario, Alberta, and British Columbia. We pride ourselves on our confident and supportive approach to our clients and their cases while working towards a successful outcome.
What is a Defective Product?
In legal terms, if a product should malfunction while you are using it for its intended purpose, then you have a defective product on your hands. If a consumer is injured while using the product, then this product can be labeled unreasonably dangerous.
Have you experienced an injury from a defective product and are wondering how to categorize it?
Three types of defects can lead to consumer injury:
Design Defect
These are flawed products released to the public, and although manufactured properly, a defect in the design renders it dangerous to consumers.
Manufacturing Defect
Although designed well, these products encounter a fault in the manufacturing process that causes the product to become dangerous and not safe for use.
Marketing Defect
Marketing defects are a result of poor and misleading advertising of the products. For example, incorrect labeling, lack of instructions, and inadequate safety warnings. The instructions must provide warnings for incorrectly using a product and what not to do to avoid harm.
If you have been unfortunate enough to sustain an injury, you will have to prove that the product was defective and unreasonably dangerous, and that nothing else could have caused the injury. It’s important to save as much evidence as you can to help prove your claim.
Product Liability Law in Ontario
Product liability law refers to when sellers, distributors, manufacturers, or other companies are held accountable for a consumer’s faulty purchase. One of the most common and alarming examples are the hazards posed by defective toys.
Canadian law requires products to meet reasonable expectations from a buyer. Products are defective when there are design and manufacturing flaws or a lack of warning concerning the potential dangers of the item’s expected use.
Every party involved in the distribution chain can potentially be subject to liability claims should a plaintiff manage to prove negligence, including:
The company owners
Manufacturers
Certifiers and inspectors
Wholesalers, distributors, retailers, and importers
Installers and repairers
If you want to learn more about this area of the law, contact our team of experienced physical injury lawyers in Ontario. We can give you concise guidance that’s easy to follow. Rest assured, we are here to help you understand and take you through this sometimes complex process with understanding and compassion. You can be confident that your case is in professional hands as we work towards the best possible outcome for all our clients.
How Can You Sue For A Defective Product?
When injured by a defective product and in search of compensation, the first step in the process is to identify which companies and people might be liable and name them as defendants in your claim.
Defective product lawsuitsare governed by provincial law. Depending on which province, they can allege negligence, strict liability, or a breach of warranty on the defective product.
There are several hurdles we can help you cross when suing for product liability due to negligence, including:
Establishing that the manufacturer owed you a duty of care.
Showing the manufacturer breached the standard of care; and
Proving that the manufacturer’s breach caused your injury/damages.
The responsible party in such a case does depend on the type of defect. You will also need to gather the evidence that links your injuries to the faulty product.
No one anticipates injuries when using a product for the purpose the developers designed it for, but it does happen. Finding yourself in this situation, you have the right to seek compensation. You might feel overwhelmed, But our defective product lawyers are here to set you at ease and steer you through the entire process.
You can claim compensation for your losses, including medical bills, loss of income, and pain and suffering. Our lawyers will be on hand to provide expert advice and represent your case.
Our experienced staff will explain how to protect your rights, the types of damages available to you and represent you in court to ensure an optimal outcome.
If you or someone you loved one got injured by a poorly designed, malfunctioning, or defective product, it is in your best interest to consult a defective product lawyer. Contact Diamond & Diamond at 1-800-567-HURT today for a free consultation!
Contact an Experienced Defective Product Lawyer in Ontario
Perhaps you want to sue for damages but are finding it difficult to pinpoint which person or entity is in the wrong?
Our experienced defective product lawyers can determine the legal theory to fit your case. We’ll assess the following:
Where did you buy the product?
Do you remember when the product became defective?
Can you identify who would have known about the defect?
From initial manufacturing to purchase and use, products can travel a long way in their life cycle. Throughout the chain, many parties can be held accountable. That’s where our trusted personal injury team can offer guidance.
Contact one of our physical injury lawyers in Ontario.
Pro Tip:
‘If you have been hurt by a defective product, never forget to save the product, keep it intact, and don’t attempt to take it apart or fix it yourself. That is the very evidence you need to preserve, which may be used later to assess damages.’
Defective Product Lawyers FAQs
What do compensatory damages cover in defective product lawsuits?
Compensatory damages cover economic damages for medical bills, ongoing and future expenses, hospital costs, loss of wages, and house renovations. You could claim non-economic damages for pain and suffering due to loss of consortium or loss of society whereby relationships are affected.
What evidence can I present to support my claims in product liability cases?
It would help if you showed that a defect existed in the product and that you were using it in its intended manner.
Do Canadian courts have jurisdiction over non-Canadian companies?
Yes, the fact that a manufacturer or other party within the distribution chain is not registered or performing business in Canada will not prevent common law courts from assuming jurisdiction over such parties.
An elderly woman was struck exiting her vehicle resulting in serious leg injuries. Our team was able to obtain a settlement for $1.6 million from the insurance companies.
Our client was involved in a head on collision that broke both of her legs. Our car accident lawyers obtained a $1.25 million settlement from the insurance company.
A 21-year-old male was injured as a passenger in a motor vehicle accident. As a result he received a fractured neck. Our accident lawyers were able to settle the case prior to trial for $1.3 million.
