Theories of Liability In Defective Product Claims

If you or someone you know has suffered some type of injury due to a product failure, you may have rights to file a claim against the manufacturer, the retailers, and anyone else associated with the chain of distribution of that product. There are four theories of liability that are most commonly used in a defective product case. They are: (more…)

Are Some Workplace injuries Beyond the Scope of Worker’s Compensation?

Workplace injuries are quite common. There are a lot of working environments which are going to predispose towards certain risks and if you’ve been injured in a matter of the kind then you are probably being told that you can receive compensation only from the employer’s workers’ compensation insurance.

This is generally true because it is the main rule. You need to understand that this is what the insurance is for and that’s why your employer is paying premiums in order to keep it up and running. Having proper insurance is incredibly important and the workers’ compensation one is a part of every properly ran business. However, there are certain exceptions of this particular rule of thumb and it’s worth taking a look at each one of them.

Injury by defective products

The first one would be if you were injured by a defective product. While you would still be able to claim compensation from the employer, you are also entitled to go ahead and claim it for the product manufacturer under the regular premises of filing a product liability claim. This is going to give you additional grounds and it’s incredibly beneficial. Furthermore, if you have been injured by a toxic substance, for instance, you could be able to bring up a toxic tort lawsuit against the company that manufactured the substance. This is also incredibly beneficial, especially if you are working in a field of expertise which requires usage of toxic products. Negligence or lack of safety procedures can be one of the factors for the injuries and you need to talk with your lawyer about.

Suing the employer

Suing your employer in a regular civil lawsuit is also a possibility. You have to understand that the labor legislation of Ontario is particularly protective of the workers as they are the vulnerable working class and they need more protection. However, if your employer hasn’t been dully covered by workers’ compensation insurance policy you are going to be able to claim damages by suing him directly in court. This is generally something that you want to avoid and undertake other paths if there are some available because the procedure could be rather lengthy and you run the risk of getting compensated later in time. Even though it’s a possibility, you should undertake other opportunities if you can.

Third party related injuries

If a third-party caused the injury while you were at the workplace, you are going to be able to sue the third party directly instead of filing a claim against your employer. As you can see, there are quite a few situations, and there are many more, under which the workers’ compensation insurance isn’t your only option. Even though the employer would like you to think so because that’s what he’s paying his premiums for, you should be aware that there are a lot of options in front of you that might turn out to be even more viable.

Know More about Claims for Product Liability in Ontario

Claims based on product liability are likely to be some of the most common claims filed in front of the courts of the province of Ontario. This is mainly due to the fact that there is a lot of legislation which gives full merit to people who have suffered from damages caused by product malfunction and the procedure is clear and transparent but it’s also quite complicated as you might have to undergo a few steps prior to filing your case.

Manufacturer or retailer

The first thing that you should consider is whether or not the defective product was purchased from a retailer or from the manufacturer himself as this leads to two completely different hypotheses. In any case you have to know if your product has a warranty or not because this is also going to impact the outcome of the event. If it has a warranty you can claim your damages directly from the manufacturer, provided he’s the one giving the warranty. It’s also quite common for the retailer to issue warranties even though he isn’t the one who manufactured the product. If that’s the case, you should seek your compensation from him. Your lawyer will have to ensure that your rights are protected. Additionally, you will need to ensure that your lawyer is conversant with the case details.

Sale of Goods Act

However, if there is no warranty, you shouldn’t be too concerned or worried about not getting compensated for the damages that you had to incur as a result of the malfunctioning of the product. The Sale of Goods Act which is in full force in the province of Ontario, the retailer has three dully obligations that have to be properly executed. The first one is that he has to sell products which are suitable for their purpose. This means that they have to be free of any defects which may render them unfit for usage as this is going to be a direct breach of this particular duty. The second duty comes into the picture if you’ve purchased the product based on a sample. If that’s the case, the quality of the product that you get has to directly correspond to the quality of the sample that you’ve been shown or tested. In any case, any differences give you grounds for seeking compensation.

The third and last duty is that if the retailer is selling items which are based on samples such as a catalogue, for instance, these items have to be fit to be properly sold. If you have bought a product which isn’t covered by any sort of warranty and this product turns out to be faulty, you have the full right to seek reparations under the Sale of Goods Act in Ontario. However, it’s highly advisable that you seek the professional consult of a lawyer who is practicing in this particular area as the matter can get quite complicated.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!

Main Causes For Product Liability Claim

Product liability is definitely the most common area of practice within the division of personal injury law. The main reason for this is the consumerism society that we are currently living in. With such vast manufacture it is inevitable that certain products are going to prove to be defective from time to time. This is when the injuries may occur. The most common field of expertise where a defective component may turn to a serious accident in a matter of seconds is the automobile industry. If there is something wrong under the hood of your car and this manifests itself at a time during which you are operating the vehicle, the inevitable will happen. The city of Brampton recognizes a variety of cases involving car accidents which have resulted from manufacturing defects.

Contract Law

There are two main causes from which a claim for product liability may derive. The first one is based on the Contract Law under which the selling party owes the buying party a product in a proper working condition which is fit for the general purpose of said product. The city of Brampton, being part of the state of Ontario, is subjected to the provisions of the Contract Law and in this particular area there are no extensions or limitations to this particular duty. Therefore any breach of said provisions leads to civil liability which could be claimed through a personal injury claim.

Negligence

The second cause from which a product liability case may present itself is negligence. The main difference between the causes under the Contract Law and this one right here is that there is an extension to said duty and there is a legal phenomenon known as the duty of care. Apart from having to present the product in a good working condition, the selling party also owes a further behavior of care in order for the product to work as intended. Usually these are some sorts of maintenance checks and follow-ups done by the seller under the contract. Failing to conduct them would put the purchase in jeopardy which is what the law aims to prevent and in the ultimate case – to compensate.

Time period to file for claim

Product liability cases can be sought 3 years after the occurrence of the accident as per the regulations set forth in the Statute of Limitations. This solution is perfectly fair as it puts some sorts of limits to the responsibility of the seller who can’t be liable for life. At the same time it motivates the purchaser or his family members to seek compensation in a timely manner because presumably it is going to be needed as soon as possible. Family members can seek compensation under the Family Act of the country of Canada which is also in practice in the city of Brampton.

We proudly serve the residents in the Mississauga, Brampton and Burlington areas. If you want a personal injury lawyer that represents your best interests, we’d love to review your case and give a free consultation. Contact us today!