What Is Involved In A Product Liability Claim?

If you sustained injuries when you used a product or you suffered damages as a result, you should talk with a personal injury lawyer in St. Catharines, who specializes in product liability cases and determine if it warrants filing a claim.  Product liability cases are oftentimes complex and most cases fall under one of several categories.  By understanding them, this will help you and your lawyer determine whether your claim is valid and whether or not you are entitled to compensation for your injuries and damages.

Duty of Care in Manufacturing

In product liability cases, a person’s injuries may be attributed to any of the following conditions or factors:

·         The product had a defect or flaw in its design

·         The product was manufactured improperly (defective manufacture)

·         The product wasn’t inspected properly

·         The product did not come with adequate warnings on instructions for use

The manufacturer is responsible for providing a duty of care to the consumer whether the product is a child’s toy, electronic device, food item, vehicle tire, etc.  In other words, the manufacturer must ensure that they are producing and selling a product that can be used by the consumer safely and as prescribed.

Proving Your Case

As with any personal injury claim, proving it is your responsibility.  Although no two product liability cases are alike, you and the personal injury lawyers you’ve hired must prove all of the following:

·         The product was defective

·         The product was used as was intended

·         You sustained injuries or suffered losses

·         Your injuries were attributed to the product defect

The key to a successful product liability claim is the inclusion of the above elements.  As always, the burden of proof rests on your shoulders and that of your lawyer’s.

Types of Product Liability Claims

When it comes to product liability claims, the applicable personal injury laws are the same throughout Ontario Province.  Keep in mind that you and your personal injury lawyer must prove that A) the product was defective and B) that your injuries resulted from that defect.  Here are some examples of product liability claims:

·         defectively designed product

·         defectively manufactured product

·         failure to provide instructions for use and safety warnings

One of the more useful ways of comparing these is by examining claims that involve pharmaceutical medications.  For instance, you purchased a bottle of cough syrup that contains a few drops of arsenic that happened to fall into it when it was being made at the factory.  This would be classified as a manufacturing defect.  On the other hand, if the cough syrup wasn’t tainted and you suffered a heart attack after taking it, this would be a design defect.  In any event, you should consider consulting with a personal injury lawyer regarding your case and to ensure that your rights are protected. Some of the lawyers specialize in product liability cases and it is best to consult them about it.

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