Can Dangerous Products Lead to Personal Injury and Death Claims?

If there has been a death in the family due to the use of dangerous products, there is legal recourse to bring the supplier or manufacturer to book. The Canada Consumer product Safety Act governs the products that manufacturers make are safe for use and are not defective.  In case any product is considered dangerous, or causes death or leads to personal injury, it can lead to criminal liability for those that have supplied, manufactured or imported the products. It is extended to those that tested, labelled and even advertised these products.

A dangerous product is something that is potentially hazardous to your safety or can lead to health issues or even lead to a fatality. In case a product has been proven to be unsafe or dangerous then the authorities can ask the manufacturer to completely recall the product and if they don’t comply, the government can do it themselves. Additionally, the manufacturers and suppliers will be taken to court where they will be fined or imprisoned. When you have lost a loved one, you or deceased’s family which includes spouse, children, parents or even grandparents have the authority to file for wrongful death claim on the manufacturer, retailer or even the supplier. This is done on the grounds of:

  • Loss of companionship, guidance and care: This is done to compensate for the care and companionship the family is deprived of wherein the deceased would have provided.
  • Financial losses: The grounds for filing the claim on this basis is the loss of income due to the wrongful death. It includes the cost of hospital visits, funeral expenses, medical bills and providing for the family as there is loss of income.

Having a good lawyer by your side can help you get the necessary procedures and documentation completed and submitted in time. The lawyers will ensure that you do not cross the Statute of Limitations and in most cases it is 2 years.

When the wrongful death claim is filed under personal injury laws, it is covered under the product liability clauses. The difference is whether a contract was signed or was purchased off the shelf.

  • Negligence based liability: When there is no contract, and the product is harmful, then the negligence is considered on the part of the distributer, manufacture or even the retailer. The claim will need to show that the safety of the product was compromised and there was negligence on the part of the seller/manufacturer.
  • Contract-based liability: This is covered as breach of contract especially when there is a contract and the product is found dangerous or unsafe. As per Ontario law, having a contract means that the product for use is completely safe.

Irrespective of negligence or contract based claims, you are awarded compensation based on non- pecuniary and pecuniary damages. The non-pecuniary damages cover loss of care, suffering and pain. You cannot be paid more than $350,000 under this claim. While the pecuniary damages cover the loss of financial support, medical expenses and are capped at the actuals of the submitted bills and invoices.

Are Slip and Falls Considered Serious Injuries?

It just takes a minute to change your life forever. One minute you are walking on the sidewalk and the next moment your foot slips over the snow and slushy ice. You hurt your back, or maybe even strike your head on the sidewalk. Thousands of people suffer with slip and fall injuries and statistics show that over 70% of the injuries happen to people over fifty years and older. With age, the intensity of injuries increases while the healing takes longer. Some of the sustained injuries include:

  • Fractured hips and ribs
  • Dislocated joints
  • Brain and spinal injuries
  • Bruises and cuts

Slow recovery leads to increased medical costs, longer recuperation and in some cases, additional infections leads to fatalities. Any fall results in injuries and to cover for physical and mental trauma, it is important that you consult a personal injury lawyer in the designated city in Ontario. If you slip on someone else’s property, that business or homeowner is liable for the damage.

More about ‘Burden of Care’

That is why property owners have ‘burden of care’ that they must do everything in their power to prevent such happenings. This becomes an essential requirement to prevent such accidents happening on their property. Thus, shoveling and clearing snow from the driveways breaking up ice, putting sand and salt are just some of the requirements to ensure that slip and fall injuries can be prevented. Most of the municipalities have additional bylaws that require the homeowners to keep the public paths and sidewalks along their properties cleared of snow.

If you are inured due to a slip and fall injury in the winters on public property it is important to contact a lawyer immediately for redressals. As per the Statute of Limitations, for injuries sustained on private property are two years and the Ontario municipality that has been involved has to be informed, in writing within 10 days. This has to be done quickly so that the investigations can be done quickly. After that you have about 2-year period to file a lawsuit, but if you don’t send in the notification, most likely the claim will be dismissed.

Prevention is essential

The best means of dealing with slip and fall on the sidewalks and public or private property during winters is prevention. This means that property owners and municipality will need to clear the sidewalks and roads clear of the snow and ice, so there is no chance of slipping. When snow is left on the open ground, it packs down and becomes ice over a day or two. That is why it is necessary to remove it immediately.

To ensure that as a pedestrian you don’t get injured in accidental falls by being aware of your surroundings and choosing the right footwear. And when you do fall by accident, it is best to call in a personal injury lawyer to file the claim for compensation.

Know More about Basic Disability Law

You might be finding it difficult to recover from the injuries especially as it might have caused short-term or long-term disability. The uncertainty of whether you will be able to go back to work or the job will be terminated, in case the disability is permanent, can be stressing.

However, you may not be aware of the fact that when you are differently abled, there is disability law that protects your rights. As per the Workplace Safety and Insurance Act and Ontario Human Rights Code, disability includes a number of factors that ranges from personal injuries to birth defect and are categorized as physical and mental disabilities. The law includes chronic pain, back pain, epilepsy and chronic fatigue among other ailments as “non-evident disabilities” as these are not obvious but can be debilitating for the person suffering with it.

Under the Disability Law, Charter of Rights and Freedom’s Section 15 states that all individuals are considered equal. Laws and protection have to be rendered without discriminating on the basis of race, color, ethnicity, mental or physical disability, sex and age. However, the “Duty to Accommodate” comes into the picture when the implementation of rights has to be done.

Under Ontario Human Rights Code, the Section 17 deals with ‘Duty to Accommodate’. This is governed by the fact that irrespective of a government or commercial establishments needs to remove barriers, as they can be an obstacle for a disabled individual from completing their work or accessing their services. This is pertinent in offices where a disabled individual needs to complete their work without any hassles. Some of these have been listed as:

  • Having wheelchair ramps
  • Automatic doors installations
  • Flexible work hours so the individual can take adequate rest
  • Job restructuring so the disabled individual can fit into the new role without any demotion
  • Cannot fire the employee for becoming disabled.
  • Access to Braille signs, sign language translators

However, to cover the businesses from ‘undue hardships’ wherein the cost of employing a disabled individual is high and working with him/her can disrupts the workplace, is recognized by law. However, this is only considered in extreme situations because it is expected that businesses will make the changes to accommodate the changing requirements of the disabled employee.

You have the right to file a complaint with the Ontario Human Rights Tribunal, if your rights have been discriminated or violated. Your complaint will be brought through mediation and if that does not work out, a hearing is held and binding orders issues. It is important that the complaint be filed within 1 year after the discriminatory incident took place. Hiring a personal injury lawyer specializing in disability law can help you get proper justice. They understand how overwhelming a disability can be and the fear of adjusting to a new way of life. And if you face discrimination for no-fault of yours it can be debilitating for your confidence. That is why there are provincial and federal laws protecting your rights and helping you get justice.

Understanding the Significance Of Spinal Cord Injuries

Even though brain injuries seem to be a lot more common, spinal cord injuries on their part are incredibly traumatic and severe. The city of Barrie abides by the provisions set forth in the state of Ontario, under which spinal cord injuries derivative from accidents are entitled to compensation. This is only fair because recovery is incredibly hard and sometime even impossible. The consequences of spinal cord injuries are grave and ominous and there is a high chance that the person is going to experience pain and suffering to some extend for the rest of his life. This also means that the lawsuits of this particular kind are often accompanied by huge claims for non-pecuniary damages, which is only logical.

Why spinal injuries call for higher compensation?

However, in order to be able to file for an injury of this kind in the city of Barrie, it’s important to be aware of the specifics. Spinal cord injuries would usually happen when the spine is actually damaged. This could be caused by a fracture or by a dislocation. These particular injuries are especially harmful because the spine is the body part which controls especially important functions of your body such as the movement and walking. This is why people who suffer from these kinds of injuries are often required to adhere to a variety of different adjustments to their lifestyle.

Family Act of Canada

Another direct consequence from spinal cord injuries which is incredibly relevant to the area of personal injury law is the lost working ability. This is due to the fact that the injury has rendered the victim unable to provide the same amount of workforce. This of course leads to a reduced payment which causes a direct loss of income. Interestingly enough, the Family Act of Canada empowers family members to file for loss of income, as it is considered a pecuniary damage. The solution is once again fair. The reason for this is that the person who suffered the injury might have been the one who was mainly providing for his family. Now that he is unable to work, the family members are also affected which gives them the right to file for compensation. The amount of it should be the difference between the received income prior to and after the accident or the cause for the injury.

All in all, spinal cord injuries are incredibly important to the subject of personal injury. This also means that they have to be properly understood. This is related with a lot of in-depth and sound knowledge of the particular matter and it requires the understanding of complex medical terminology. This is why lawyers in Barrie tend to spend a long time understanding different medical statements and expertise. This makes it equally more important to hire the lawyers that specialize in such cases.

Questions To Ask Before You Hire A Personal Injury Lawyer

Barrie is a relatively small town located in the province of Ontario. However, it has a population of approximately 200,000 people which means that there is a wide choice of attorneys. This means that you would have to be able to identify the ones which are going to be properly capable of completing the task that you have at hand. The personal injury area is incredibly demanding and you should definitely consider a lot of things prior to hiring your lawyer. These questions are designated to help you through this overwhelming process.

Ask a list of potential expenses.

Of course, this is the most important thing that you should demand from your injury lawyer in the city of Barrie. This is what most people are concerned about and they very well should be. The expenses are generally based on the amount of the compensation that you are going after but there are a lot of variables. Different attorneys are going to charge you a different amount of money so make sure that you are well aware of the concrete sum in advance so that you can plan accordingly.

Ask which the potential problems that you can face are.

This is another crucial thing that would let you know whether or not your attorney is worth it. First of all, every single case poses some issues. Even if the particular situation seems to be clear enough, chances are that there are going to be issues. You need someone who is objectively willing to let you know what to expect instead of giving you blind faith that the process is going to go smoothly without any obstacles.

Ask if he has experience with insurance companies and settlement talks.

Most of the personal injury cases are about negotiation. In fact, about 90% of the cases never even reach the court room. This is due to the fact that they are settled prior to this. The most obvious reason is because the defending party wishes to avoid legal fees and possible bad publicity, depending on the case. In any way, settling is definitely what you should be aiming for because it offers a lot less of a risk. This is why you attorney should be well versed and experienced in negotiating.

At the same time personal injury cases are almost always about insurance. It doesn’t matter if we are talking about medical or social or even professional insurance, in most of the cases there is going to be an insurance company involved in the matter. This is why you want your attorney to be well pr/epared for handling a legal battle against professional insurers.

That is why it is important to work with a team of experienced lawyers that have successfully resulted in maximizing the compensation for their clients.