Product liability refers to an area of personal injury law in which designers, distributors, manufacturers, retailers, and others in the chain of supply can be held liable for injuries to a person that resulted from using their particular product. While the term “product” can have numerous connotations, it refers to tangible personal property in this type of personal injury claim. If you recently sustained injuries and/or suffered damages by using a defective product you may be able to sue for compensation.
Furthermore, you should consider consulting with an experienced personal injury lawyer in St. Catharines that specializes in product liability cases. He or she can evaluate your case and quickly determine whether or not you have a valid product liability claim. If so, they will help with filing your claim and prepare you for your pending personal injury case. Remember that the burden of proof in a product liability case rests on the shoulders of the plaintiff. However, the particulars of proof may vary depending on court jurisdiction.
In order to win a product liability personal injury lawsuit, Provincial Law requires that you prove the following elements:
• The product is defective.
• You were using the product as instructed on the liable.
• You sustained injuries and/or suffered some type of loss when using the product.
• The defective product caused your injuries or loss
If you have a valid product liability claim, a personal injury lawyer will help you prove these elements in front of the judge and jury that are handling your case in court.
Examples of Defective Products
According to the legal definition under personal injury law, a defective product refers to imperfections in the design or manufacturing of it or that it’s faulty due to inadequate use instructions or warnings. There is a range of products that can be classified as defective including:
• Exercise equipment such as exercise bikes, stair climbers, treadmills, and so on
• Household appliances
• Children’s games and toys
• Vehicle air bags, brakes, tires, etc.
• Construction equipment including certain pieces of equipment, ladders, scaffolding
• Defective and failed safety equipment
• Inadequate of missing warning labels
If the product is deemed potentially or unreasonably dangerous to use, it is said to be in defective condition and should be recalled. That is one of the major reasons to talk with an expert personal injury lawyer. Not only will they be able to give you a ballpark amount that you can expect to win as compensation, but they would evaluate your case properly. They will represent you with the insurance company or at the trial, if needed. Usually, such cases are complex yet many of them are settled out of court.