When people suffer harm or injuries while using a defective product, they are entitled to seek compensation under defective product liability. All sellers, distributors and manufacturers of a product have a duty to ensure that the product is safe for use by the ultimate consumer.
If you or a loved one suffers harm or injury due to using a defective product, contact a personal injury lawyer as soon as possible once any medical problems have been attended to. As a victim, you or your loved ones are entitled to claim compensation for damages or injuries caused by the product.
The common laws of negligence and the Consumer Protection Act of that particular country are invoked in these cases.
Defective products are those which cause harm or injury to a person who uses it. The grounds on which claims for compensation can be made include:
Defective Manufacturing: This is the most common type of claim and it covers products that have defects in the manufacturing stage itself. Poor quality control, poor materials and poor processes can result in the inclusion of a defective batch or a single defective product into the distribution network. Your legal advisor or personal injury lawyer can evaluate your claim and assess whether the injury or harm was indeed caused by a manufacturing defect. Based on this, they can proceed to collect the relevant evidence to back your claim.
Defective Design: Products can be defective because their design is inherently incorrect or defective. Injuries caused by such products occur not because of the way they were manufactured but because of a fault in their original design. The manufacturing process may have been perfect but it is not a safe product or it could be one that is risky to use.
Inadequate Warnings and/or Instructions: If a product is well-designed and correctly manufactured, it should also carry the proper warnings and instructions on how it should be used. Certain products are packaged without the mandatory instruction booklets and the manufacturer, distributor and seller are liable.
Who Is Liable?
In most defective product cases, the liability rests with a chain of people involved with manufacturing, distributing, storing and selling the product. Even if the victim is not the person who actually purchased the product, they can still file charges of defective product liability against all those responsible along the chain. This chain of distribution could be a highly complex network of manufacturers, sub-contractors, materials suppliers, retailers, wholesalers, distributors and retailers.
Based on the type of product, other people in the chain could include consultants, contractors, architects, designers, artists, engineers, quality-control personnel, factory premises owners and others who have a connection with the defective product. Our experienced personal injury lawyers can help victims to unravel this complicated line of liability and establish the fault clearly along it.
Based on the circumstances of each case, what victims and their serious injury lawyers are required to prove is that:
• They suffered injury or harm from using that product
• The product that they used had a manufacturing or design defect
• The product did not carry the proper instructions or warning
• Any/all/some of these three reasons was the cause of their injury: manufacturing/design/inadequate warning
• While using the product, they were using it in the way it was meant to be used
Our accident injury lawyers available 24×7 can investigate the circumstances and file the most appropriate claim. Another feature of such claims is that there is a strict statute of limitations for filing claims. Regardless of the strength and validity of your claim and the seriousness of your injuries, if the suit is not filed within the stipulated period of time, it cannot be admitted. Countries and states have different benchmarks on when this time-frame begins – in some it begins as soon as the injury happens, in others it begins when the injury was discovered. Find a personal injury lawyer as soon as the injury happens, so that medical investigations can be conducted and the nature of injuries can be documented. Cases that involve side-effects of medications are complicated because the injuries are discovered long after the medicine was taken.
Type of Compensation
As our Toronto personal injury lawyers can advise, the compensation awarded in defective product injury/harm cases is of two kinds: To compensate the victim for losses and to punish those responsible for the defect in the product. Compensatory damages help to restore victims to their original state of health, and Punitive damages to prevent the defendant and others in similar businesses from repeating this.
If you, your family or a friend has been injured in an accident, please feel free to speak to one of our injury lawyers for a free consultation about how we are able to assist in making a personal injury claim. We consult in all cities across Ontario with a no win no fee guarantee. Our personal injury lawyers have helped victims secure millions of dollars in personal injury cases. Call us Toll Free On our 24/7 Injury Hotline: 1 – 844 495 7333 or Text a Personal Injury Lawyer 24/7 and get instant help.TM (416 807 3486)
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