Now, if you have been injured or you have effectively suffered some damages because of a product that you’ve used, you may have the rights to file a product liability claim. When you evaluate whether or not you have this legal opportunity, it is particularly helpful to be well aware of the regulations which govern this particular field of the law. Even though the rules might be a bit different in other provinces, there are a few generalized positions that you need to account for in Ontario. Basically, in a nutshell, you have to prove that:
· You were actually injured or you’ve suffered losses as a result of the product
· The product was, in fact, defective
· The defect caused your particular injury
· You were using the product in a manner as it was instructed
These are 4 separate positions and things that you have to be well aware of and to be capable of proving. It’s pretty obvious that you have to prove that the injuries were caused by the product and that you were using it as intended but the other two positions are slightly more interesting so let’s go ahead and take a look.
Product defect – what does this entail?
In order to win your case, you need to determine that the product was actually defective. This could potentially mean one out of three things.
1. Manufacturing error
This is the most common and obvious scenario of a defective product. The manufacturer has failed to employ the necessary protocols and as a result the product turned out to be defective. It’s a common case and there is nothing too curious about it.
2. Design Defect
If you are claiming that the product has been designed in an appropriate manner but it was the design that was flawed, you need to know that the proof could be a bit harder to actually come by. Most likely, you will have to show that the danger was unreasonable and it was created by the design. Some forensic experiments might be necessary here, depending on the case.
3. Failure to warn
That’s just it and it’s as simple as it sounds – the manufacturer or the reseller failed to warn you that the product was introducing a hazard. For instance, if you weren’t aware that certain toxic substances were used in the modeling clay that you bought and this caused you significant health issues, you definitely do have a slam dunk in your pocket.
Of course, hiring a personal injury lawyer to help you out is something that you should consider. This is going to ensure that everything is handled as per the highest industry standards and that you get the necessary compensation. They understand the nuances of working with insurance companies, other lawyers and have a deep understanding of the laws pertaining to tort. When you meet a lawyer the first time, it is good to discuss the complete case honestly and let them decide on the course of action.