Some people think that the simple discovery of a defect in a specific product can serve as the basis for a product liability claim. Yet the law makes it clear that the plaintiff needs to show that the defective item harmed him or her in some way.
There are a number of different products that people can use throughout their day to get them through. For example, the coffee maker is a household appliance that is in many homes all around the world. The car that people use to drive themselves to work after they drop off the kids at school. And let’s not forget all the many electrical devices that have manufacturers books with them, when you purchase them to use in your home or around your home each day.
If your use of a product has led to you sustaining an injury, then you could be in a position in which you can successfully file a defective product claim against either the retailer, manufacturer, or another party involved in the distribution of the product. When it comes to proving liability in these cases, there are four major theories which are applied to determine legal responsibility. By studying and understanding them, you will have a much easier time assessing whether you have a case like this on your hands or not. It should also be noted that these theories can work in tandem on certain cases.
If you have purchased a product that caused you injury or damage to your property, you may be able to be compensated for it. This compensation could come the manufacturer of the product, supplier or the store from where it was purchased. You may even receive compensation for financial losses that you incurred due to the sustained injuries.
Almost any person can make a product liability claim. In fact, many adults claim that a given product almost caused them to suffer an injury. Yet adults with such a claim should not expect to win their case against the allegedly negligent person or business. Their Personal Injury Lawyer in Brampton would struggle to show support for such a claim.
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:
If you have used a product that has caused damages then you may be able to file a defective products claim. The claim can be filed against the manufacturer, the retailer that sold the product to you, or any other party that may be associated with that products distribution.
Every manufacturer that turns out a product realizes that it could be defective. Larger companies usually have established some means for achieving some measure of quality control. Still, a product of poor quality might slip through that quality control process.
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.
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!