Is Product Liability Covered Under Tort and Contractual Law Of Canada

The topic regarding product liability is one that’s discussed broadly in the legal circles. The reason for this is because it’s regulated by both the rules and principles of the Common law and yet it finds a significant application in the Contractual law and in personal injury. That’s why it’s important to identify a few key details and see how they relate to this particular field.

It is important to be aware of the fact that product liability is mainly governed by the rules which are dully set forth by the principles and norms of the Contractual law of Canada. There are a lot of things that have to be taken into consideration but to make matters simpler it’s enough to say that every contract should contain product liability sections which are to set forth clear responsibility and liability in case of defects. However, when it comes to identifying the defects and the consequences that come as result of them, the things get a bit more complicated. First of all, there are a few different types of defects that might cause a product to be faulty. Some of them might be apparent and visible while others might be hidden and hard to note on the first sight. With this in mind, the legislative authority has set forth provisions which are suitable for both of the situations and are going to provide clear and concise regulations in both cases.

However, it’s also worth noting that the Common law also poses a great deal of regulatory provisions when it comes to product liability. Every buyer is entitled to demand a refund in case of a defective product and is entitled to seek out monetary compensation for the damages that were caused by the same. Of course, not every defective product is going to cause damages and not every time would you need to pursue the matters in the courtroom. In fact, the majority of manufacturers are going to be covered by specific insurance policies which are governing this particular situation and the insurance company is going to dully compensate you for your troubles.

Of course, there are situations in which the manufacturer or the retailer is going to claim innocence and that he has nothing to do with the accident or malfunctioning of the product. If that’s the case, you are left with no other choice but to seek reparations throughout a civil lawsuit and this is where you might want to use the services of a personal injury lawyer. The cases are rather complex and hard to deal with and you would usually be up against a team of highly skilled and experienced professionals so ensuring your own legal protection is of utter importance. Thus, it is best not to try and represent your interests in the court of law but hire a team of experienced product liability lawyers that understand all aspects of the injury law.