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.

Types of Compensatory Damages Awarded in Personal Injury Cases

If you’ve recently sustained injuries in a defective product, motor vehicle, or slip and fall accident and you are considering filing a personal injury lawsuit, you may want to hire a lawyer to help you determine what your case is worth.  The value of these types of cases is based on “damages” or what the financial, physical, and psychological costs of your injuries have been as well as any estimated costs in the future.  In some cases, it may include punishing the defendant’s behavior.

Although the plaintiff may not recover fully and regain their original physical condition, a personal injury lawyer can ensure that your situation will not be hopeless.  With the right legal representation in, Orillia, Stouffville or Barrie, you could be entitled to compensatory damages.  The following 3 types of compensatory damages are commonly awarded in a wide range of personal injury lawsuit settlements:

Lost income – if you are unable to return to work because of your injuries, you could be compensated for the income you’ve lost as well as what you would be earning while you are still recovering from your injuries.  In cases where an injury victim is compensated for the loss of future income this is usually referred to as the “loss of earning capacity.”  Once it is shown that the injured party has lost and will continue to lose income, then you and your personal injury lawyer can pursue compensation for this.

Medical expenses – most injuries will require medical care and treatment to some extent.  If so, you could be entitled to compensation for all expenses that you have incurred up to this point and any that occur in the future.  This could include a number of expenses including costs for:

·         medical consultations

·         prescription medications

·         time spent in clinics, hospitals, or other medical facilities

·         other medically-related expenses during recovery such as attendant care, occupational therapy, and physical therapy

If you can prove that your injuries will continue being an issue in the future and there will be additional expenses as a result, then you may also be entitled to compensation for these expenses.  Calculation of these expenses will be based on the documents and receipts that you produce as evidence for your case.  This applies to any future medical expenses that may arise.

Pain and suffering – you could be entitled to compensation for your pain and suffering provided that you meet the legal requirements mandated by law.  This covers a wide range of damages but typically includes:

·         deformities, disfigurement, or scarring

·         emotional, physical, and psychological disabilities

·         impairment of your ability to perform your job

·         loss of companionship or consortium

·         loss of enjoyment of life

Compensation for pain and suffering is typically classified as a “non-economic” loss and is categorized under “general damages” in personal injury claims and lawsuits in Barrie, Orillia, and Stouffville which are handled by experienced personal injury lawyers in Ontario.

Steps to take before You file a Personal Injury Claim

It’s an unfortunate fact of life, but people get injured every day in the cities of Barrie, Orillia, and Stouffville.  While some individuals are lucky enough to walk away with only minor injuries, others are not so fortunate.  For these individuals, their injuries can be catastrophic and sometimes fatal.  They could also be suffering psychological injury as well as physical injury.  Worst of all, families can be left financially devastated whenever the primary wage earner is temporarily or permanently unable to work.

So what do you do after the accident has occurred? Depending on your circumstances, there may be a number of legal issues that need your attention and require the services of an experienced personal injury lawyer.  Whether your injuries are attributed to a car accident, defective product, or slip and fall accident, you may be entitled to damages and will need to file a personal injury claim.  Here are a few suggestions to consider:

Step #1:  Naturally, the first thing you should do is seek medical attention – depending on the severity of your injuries, you may or may not be taken to the ER at the nearest Barrie, Orillia, or Stouffville hospital.  A physician or healthcare professional will need to examine you and treat the injuries you’ve sustained.  It goes without saying that your health is the #1 priority, but it also makes good sense from a legal standpoint.

Your physician or healthcare professional will be able to document their findings such as the type of injuries you’ve sustained, how you were injured, the prescribed course of treatment, and how long it should take you to recover.  It is extremely important that you take this step immediately after your accident.  Otherwise, the insurance company will have a difficult time believing you were injured and will probably deny your claim.

Step #2:  Learn what you can about personal injury law – a little research of the legal process involved with establishing a claim can go a long way when it comes to personal injury cases that are similar to yours.  Personal injury is a very complex area of the law and the rules that apply to accident cases will sometimes vary, depending on the laws that apply in Barrie, Orillia, and Stouffville.  So it’s best to get an idea of what to expect and explore your options.

Step #3:  Hire a personal injury lawyer to represent you and your case – once you have completed both steps above, it’s time to hire a lawyer.  You can’t just hire any lawyer.  You need to find a personal injury lawyer in Barrie that specializes in your type of case in order to ensure the best possible outcome.  In addition to negotiating a settlement, your lawyer will ensure that your rights to compensation are protected.

You can get the referrals from your friends or family or can search online to get the contact details of the lawyers.

Should I Hire a Personal Injury Lawyer after a Slip and Fall Accident?

Many individuals have numerous questions after they have been injured in a slip and fall accident, one of which is whether or not they should contact a personal injury lawyer.  If your injuries resulted from the negligence of a company, government agency, or person, then you should probably consider making that call.  Unlike motor vehicle accidents where the at-fault party can be identified relatively easy, slip and fall accident cases are considerably more complex.

In these types of cases, the insurer of the at-fault or negligent party is reluctant to admit that their client is liable unless they have legal representation.  If you’ve been injured in a slip and fall accident in Barrie, Orillia, or Stouffville, you’re not going to get very far without the legal representation of a personal injury lawyer.  Having legal representation not only increases your chances of winning your claim and being compensated for your injuries, it also ensures that your rights will be protected throughout the legal process.

Furthermore, a personal injury lawyer knows how to establishing and maintain open communication with the insurer.  This is essential to any personal injury case if you want to achieve a fair and reasonable settlement that both parties can agree on.  Even in the most minor of cases, a personal injury lawyer knows the factors that can negatively or positively impact the outcome of your claim as well as the settlement that is reached.  So it is always wise to contact a lawyer whenever you’ve been injured in an accident.

A key consideration in slip and fall accident cases is proof of liability.  In other words, did the defendant’s negligence cause your injuries? By proving liability, it puts your case in a better position for achieving a settlement or taking it into the courtroom.  With the help of your lawyer, you’ll have a better chance of proving negligence on the defendant’s behalf and that you sustained your injuries as a result of that negligence.  This brings up another reason to consider hiring a lawyer, namely their investigative abilities.

Barrie, Orillia, and Stouffville injury lawyers do a thorough job investigating the causes of slip and fall accidents and can determine if their findings constitute negligence.  These types of accidents happen unexpectedly without warning and injury victims often have a difficult time remember what happened prior to and after their accident.  You may well remember slipping on that wet floor or tripping on that uneven sidewalk, but did you remember seeing what caused you to slip or trip?

All of these factors can impact the way in which your personal injury lawyer handles your case and the outcome of it.  However, having all the answers and factors up front will give you a better chance of settling your case out of court. However, your lawyer will know best about proceeding with the case.

Benefits available to Fatal Accident Victim’s Families

Statistics revealed by the 2015 Transport Canada’s National Collision database show that 945 people were killed in traffic accidents while a total of 54,430 were injured across the country.  At the time those statistics were published, the estimated total cost of these accidents was approximately $11 billion.  Whether it involves a defective product, motor vehicle, or a slip and fall accident, losing a loved one can devastate a family emotionally and financially.

According to Ontario’s Family Law Act, Section 61(2), family members may be entitled to compensation when a loved one has been killed or seriously injured in an accident and can sue for damages.  The law applies to residents of Barrie, Orillia, Stouffville, and any other city in Ontario Province.  There are two avenues for filing a claim for benefits when a loved one is killed in an accident.  You can either file with your own insurance company or the insurer of the responsible party.

Unfortunately, most insurance companies are looking out for their own interests and not yours.  They will typically low-ball a settlement offer in order to keep expenses to a minimum.  On the other hand, a personal injury lawyer will have the experience and expertise to deal with the insurance companies in order to protect an injury victim’s family’s best interests.  They know how to litigate or negotiate for the best settlement possible in these situations.

Additionally, the right personal injury lawyer will serve as a buffer for the victim’s families during this difficult, emotional time.  When family members sue for damages under Ontario’s Family Law Act, they could recover:

·         Actual benefits expenses incurred for the deceased or injured individual

·         Actual reasonably incurred funeral expenses (deceased individual)

·         Compensation the individual may have been entitled to for their injuries had they survived (e.g. loss of care, companionship, and consortium)

·         Housekeeping, nursing, and other related services that the claimant incurred for the injured individual

·         Travel expense allowances that were incurred when visiting the injured person while they were undergoing medical care and recovery in a Barrie, Orillia, or Stouffville clinic or hospital

Keep in mind that death benefits were intended to help family members recover funeral expenses and loss of income as well.  Furthermore, family members could recover other expenses such as home maintenance and lawn care.  Basically, these benefits are meant to provide financial stability to the victim’s family members.

It goes without saying that this is one of the more complex areas of family law.  The process of filing for death benefits or personal injury claim can be confusing and difficult to understand.  If you have recently lost a loved one in an accident or they have been permanently disabled by their injuries, you should consult with a personal injury lawyer in Ontario, immediately to ensure your rights are protected under the Family Law Act. they will be able to handle your case to the best of their abilities.