Product Liabilities

Some people unfortunately suffer an injury from the use of a product. Sometimes the injury can be most severe.

Examples of injuries caused by a faulty product include

  1. When someone gets food poisoning because restaurant food was mishandled or prepared improperly or was processed improperly resulting in an infection that can lead to serious physical injury often having long term consequences for the person involved.
  2. When someone using a home tool or implement that malfunctions suffers an injury - again the consequences can be very serious.
  3. When a child falls or is injured due to a toy that breaks or simply isn't safe to use - sometimes choking may result.
  4. When a medicinal product isn't properly marked or a warning isn't provided and use of the product causes injury.

These are just some examples of how a faulty product can cause an injury. The manufacturer of the product is often responsible for the injury and all the financial damages that result. The direct seller of the product which may often be different from the manufacturer may have responsibility as well. Frequently companies maintain insurance coverage which covers the financial damages of victims in these kinds of personal injury claims.

There is often a chain of distribution of the product in question so that various suppliers and distributors may be involved in addition to the direct seller and manufacturer. This can further complicate an injury case resulting from the use of a faulty product.

In these cases the parties responsible are held to account for a variety of reasons including a defect in the manufacture of the product as well as a design flaw or a failure to warn a consumer concerning a certain danger in using a specific product.

There are also cases where the responsibility and payment of a victim's damages arises from a contravention of a warranty that may accompany a product's use.

There is always a need in product liability claims to establish that the specific product used which caused the injury was indeed defective in the sense that the product was unsafe to use for the purpose for which it was intended to be used. This may come about because the design of the product generally is defective and as well there are cases based on the fact that a particular unit of an otherwise well designed product wasn't made adequately compared with other units of the same kind because for example it wasn't properly assembled.

Product liability cases can often be very complicated involving questions regarding the design and adequacy of the product, the manner of its use, whether there was sufficient warning given, etc. These cases frequently involve engineers reports and design experts who provide opinions on a variety of manufacturing testing and design matters relating to any product that may have caused injury to a victim during use of that specific product.

Our local Personal Injury lawyer has a depth of knowledge regarding these kinds of injury claims and will provide you with an initial thorough consultation without fee to determine the merit of your product liability claim.

Canadian Injury Lawyer

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