Today with the myriad of products available, it’s often hard to know where it was manufactured and how safe it truly is. A product you have trusted for years could now be owned by another corporation and be manufactured elsewhere in the world. In our global marketplace, we have basic laws that hold companies accountable for a product’s safety and to warn consumers about risks with regard to that product. Product liability law ensures that a company can be held responsible for any negligence.
Product liability is that branch of law that states a manufacturer owes its consumers a safe product that is free from defects. It is covered by many different laws and legislations and can be complex, so it is best left to an experienced Orillia personal injury lawyer. If a consumer is harmed by a dangerous or defective product, the company can be held liable for those damages. Making a claim for product liability requires proving several things. Did the company owe you a duty of care? Did they breach their standard of care? And did that breach cause the damages that you are suffering?
The first question goes without proving for the most part. A company owes its consumers a duty of care when it comes to its products. But the second question of breach must be proven. Either the company has been negligent with the design of that product or it failed to warn consumers about the risks of using that product. Finally, the claimant needs to prove that the negligence caused the injuries while the product was being used properly.
There are many different steps and parties involved with producing a product and bringing it to market. This means that the accountable party may not be as simple as it seems. A company that designs a product may not manufacture it. The company that manufactures it may not market and promote it. The liability is sometimes not easy to pinpoint and demands much investigation. There are three types of product liability claims. There are claims made against defective design, manufacturing defects, and failure to warn claims. Oftentimes, these can overlap. This is where the expertise of an Orillia injury lawyer is important. Whether the defect was in design or marketing, a product liability claim can be complex. Who is ultimately held accountable depends on many factors and what type of defect it is.
When considering a product liability claim, it is imperative to retain as much evidence as possible in the way of receipts, installation and use instructions, and packaging. Make sure you retain the product itself. If you have been injured by a defective product, contact the experienced Orillia personal injury lawyers at Makaronets Law for a no-cost consultation. https://makaronetslaw.ca/orillia-personal-injury-law.html