Personal Injury Law
Product Liability
Personal Injury Law
Product Liability Lawyer
A recently purchased product might cause injury or property damage to the buyer or the end user. This is an obvious breach of trust between the buyer and the seller, and the buyer has the legal right to sue the seller for any damages incurred. Our product liability lawyer can help you with filing a case against the manufacturer or the seller for their failure to ensure the safety of the product and hold them accountable.
Nanda & Associate Lawyers are well-known for our promise of ‘No Win, No Fee’. This reduces the financial stress of dealing with the legal expenses while you are recovering from your injuries. Our product liability lawyers will help you with the case and provide you with legal representation when required.
Our Personal Injury law services
- Boating Accidents
- Bicycle Accident
- Car Accidents
- Catastrophic Injury
- Chronic Pain
- Cross-Border Injury
- Dog Bite Injury
- Fractures and Orthopaedic Injuries
- Liability in Personal Injury
- Long Term Disability Insurance
Claims - Medical Malpractice
- Motorcycle Accidents
- Nursing Home Negligence
- Occupiers’ Liability
- Pedestrian Accident
- Product Liability
- Slip & Fall Injuries
- Spinal Cord Injury
(Neck, Back, Whiplash & Spinal Cord Injuries) - Sports Injury
- Traumatic Brain Injury (TBI)
- Truck Accidents
- Wrongful Death
What constitutes a Product Liability claim?
If you can prove that the injury or the property damage to the consumer was caused by a design fla or a manufacturing defect, then you have the right under the law to sue the manufacturer for the damages. This also applies to the failure of the manufacturer to provide instructions to safely use the product or to conveniently omit any mention of the potential side effects of using the product. In both these cases, the manufacturer, distributor, or seller might be held responsible for the damages.
What are the different types of product liability claims?
Depending on the cause of the product liability, such claims may be classified into the following categories:
- Design flaws
The manufacturer will be held responsible for any poor or unsafe design of the product that caused the injury. In many cases, this might be difficult to prove, as such injuries are caused by several factors, including the design flaw. It might be necessary to demonstrate this by comparing the product with another product with an alternative design or the safety features provided by that manufacturer.
- Manufacturing defects
In some cases, the design of the product might be perfectly safe, but the manufacturer might have tried to cut corners by using materials of inferior quality or ignoring some of the manufacturing specifications in order to reduce costs. If there was some error or failure in the quality control process at the manufacturing plant, this might also result in the final product being unsafe or defective. This sometimes happens when manufacturing is outsourced to a different firm in another location, leading to communication issues and poor oversight.
- Failure to issue proper warnings or instructions to the user
Even though the product has no design flaws, it might still cause injuries if not used properly. It is the duty of the seller to issue proper instructions and safety warnings to the consumer in such cases. On the other hand, if the buyer ignored these warnings and used the product in an unsafe manner, the seller might not be held accountable for the injuries caused by the product.
- Breach of warranty
If the seller fails to meet the standards he promised to the buyer through advertisements or at the time of the purchase, he can be held liable for damages. In this case, rather than proving negligence on the seller’s side, you only need to demonstrate that the product did not meet the implied promises of quality or function, and thus there is a breach of contract between the seller and the buyer.
How can our Product Liability lawyer help you with the case?
In the event of a Product Liability claim, our legal team can help you with the resolution of the case and fight to ensure you receive proper compensation for the damages. This might include the following:
- Identifying the liable parties
These days, the manufacturing supply chains of most products are complicated, and some of the manufacturing processes are even outsourced to firms outside the country. This sometimes makes the process of identifying the liable party difficult. It might be the designer, supplier, manufacturer, distributor, or retailer who might be responsible for the damages.
- Proving the negligence of the defendant
Our Personal Injury lawyers will then have to prove the liability of the defendant by building a strong case for your claim. This involves gathering extensive information on the product design, going through the instruction manuals, interviewing design engineers and industry experts, and collecting medical records of your injury. In such cases, it will also be helpful to establish that many other buyers of the product are experiencing the same problem.
- Calculating the best compensation package for the plaintiff
The compensation package you seek should cover your medical expenses as well as the lost income you should have earned while recovering from your injuries. If the injury diminished your future earning capacity in any way, you have the legal right to claim compensation for that as well.
We can Help
In a product liability case, you need to have the best personal injury lawyer representing you to ensure the speedy resolution of your claim. Get in touch with our team today for legal guidance and assistance.
Frequently Asked Questions
Can I file the claim if I am not the actual buyer?
The end user of the product might not always be the buyer. A company might have purchased the product for their employees. You might have used the product purchased by your friend at his house and got injured as a result. In either case, the user has the legal right to sue the manufacturer or the seller for the damages incurred. It is the responsibility of the manufacturer or the seller to ensure the safety of the product to the end user.
Can I combine my lawsuit with other buyers facing the same problem?
Yes. It is possible for the buyers facing the same problem to come together and sue the manufacturer or the seller for damages. This will be considered a class action suit where all such cases will be combined and the same judgment will apply to all the buyers. Obviously, your claim will be strengthened if you can prove that many other buyers are also suffering from the same injury.
What are the industries to look out for with the highest product liability claims?
Generally, the following industries see the highest product liability claims filed against them every year:
- The automobile industry receives many claims of defective parts, like faulty brakes, low-quality tires, malfunctioning airbags, and seatbelts.
- The pharmaceutical industry deals with product liability claims concerning poor quality of drugs, malfunctioning equipment, and faulty medical implants.
- Food and Beverages industry with customers complaining about allergic reactions, contaminated food items, and poor packaging.
- The consumer electronics industry receives many product liability complaints regarding overheating mobile or laptop batteries, electrocution from poor-quality appliances, and fire hazards from exploding batteries or chargers.
How long does it normally take for the resolution of the case?
It varies from case to case. There is always a possibility that a settlement may be reached through negotiations. But if the case goes to court, it might take anywhere from several months to a few years. It all depends on how strong your claim is and how effectively your legal team can establish the direct liability of the manufacturer or the seller in your case.
How can I prove that the product is defective in court?
Proving the defects of the product in court could be difficult. You will need the services of a technical or engineering expert to analyze the design and functioning of the product and testify in court about its defects. It is crucial to prove the direct link between the defect and your injuries for you to win your personal injury claim. If the product is indeed defective, our experienced personal injury lawyer will help you prove your claim in court.
What is the statute of limitations in Ontario for a product liability case?
If you have been injured in an accident caused by a defective product, you must file the claim within two years of the incident causing the injury.
Who can be held liable for a defective product?
Your personal injury lawyer will help identify the liable parties. In a product liability claim, the liable parties can be any or all of the following parties.
- The product manufacturer
- The product inspector or certifier
- The suppliers or distributors of the product
- The sellers
- The product designers or engineers, if a design flaw is the cause of the injury
