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.
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.
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!