Defective Product Lawyer Toronto

As Canadian law requires products to meet a certain standard, when they don’t, an experienced product liability lawyer can help.

Product liability is a category of law that holds manufacturers, sellers, distributors, and other parties responsible for defective purchases. A product is considered defective when it has clear flaws in its design or manufacturer, or when a consumer is not given a warning regarding the potential hazards relating to the expected use of a product.

Please note that product liability claims do not refer to products that are non-tangible.

In other words, the product falls short of reasonable standards.

When putting forth a product liability claim, it must also be judged by the standard in place at the time the product entered the marketplace and not the standard in place when the injury occurred.

Product liability claims support consumer protection in a major way as these cases tend to identify products that can cause serious harm, products that have not undergone safety testing, and products with overlooked design flaws.

When you speak with a defective products lawyer, they will go in-depth on how to investigate your claim, where negligence can be placed, and what sort of compensation is available based on the unique circumstances of your claim.

Defective product lawyers will want to know where the evidence is that supports your claim and will start formulating a case based on said evidence.

While you don’t need to bring any evidence to your consultation, sharing as many details as you can and providing context for what’s happened, will help your lawyer find the right path to put you on to produce the best legal result possible.

There are three main types of product defects under which you can claim compensation under certain circumstances.

• A manufacturing defect is one that occurs during product manufacturing. It includes mistakes made exclusively by the manufacturer, such as the use of faulty materials or food contamination.
• A design defect is when the product flaw originates in the creation of the product, long before manufacturing begins. This typically relates to a flawed design or faulty structure.
• Lastly, a marketing defect is one where a sufficient warning was not communicated, the product is mislabeled or miscategorized in some way, a lack of instruction on proper handling, and/or a failure to warn consumers of foreseeable injuries.

• The cause of the injury must be the product.
• The injured party must prove the product to be defective.
• The injured party must demonstrate and prove the product to have been defective at the time it was released by the manufacturer, supplier, or retailer.
• The injured party must be able to prove the defect in the product is what caused the injury.

There are unfortunately many ways in which defects can occur in manufacturing, from using cheap materials to not following design protocols correctly when building a product, incorrect installations, using harmful chemicals, incorrect user instructions, no indication on the product or product packaging of risks, and improper warning labels.

The most common defective products are medical devices, pharmaceutical drugs, children’s toys, and household appliances, and most of these defects are traced back to manufacturing with no other party involved.

If they present a product in a way the manufacturer did not intend, obscure instructions on how to use, eliminate safety warnings or don’t represent key information on safety, this can all make others in the distribution chain liable.

To have them held accountable before the courts, one must build a case that ties negligence to their actions.

After all, the burden of proof lies on the plaintiff to prove the product was defective and that it contributed or caused the injury. This is done by building a case demonstrating the injury would not have occurred if the defendant had exercised reasonable care.

When you select a product liability lawyer, ensure that bring the expertise to the table to be able to help you maximize compensation.

To defend a product liability claim, the party must answer either to contract law or tort law. If the claim relates to a contractual relationship between the manufacturer and the customer, liability is usually founded on contract law.

With some claims, however, tort law is used. When this is the case, compensation for damages or injuries due to a defective product relies on proving negligence. This is the significance of product defects in a legal context.

To establish negligence in a product defect claim, a plaintiff must establish the following:

• The defendant owed a duty of care to the plaintiff with respect to the product.
• The product is proven to be defective or unreasonably dangerous.
• The defect caused or contributed to the plaintiff’s damages.
• The plaintiff’s damages were reasonably foreseeable.

Many medical product manufacturers refuse to be held liable and will argue that it is the healthcare professional’s responsibility to inform the customer of the intended manner in which a product should be used, its potential dangers, and the product’s risks. They argue the primary duty of educating the customer falls on the shoulders of these professionals and not on the manufacturer.

Your legal representation must take this into account when building a case and a medical device manufacturer is being presented as the responsible party.

Exact numbers must be given relating to finances for physical injuries, medical bills, loss of income, and other financial impacts. There are many financial-related losses you can claim, including lost wages for missed work, decreased future earning capacity if the injury has impacted you this way, medical expenses that you’ve paid for out-of-pocket, future medical care costs, and pain and suffering caused by the defective product.

Manufacturers and suppliers may contractually exclude liability for defective products when they use sales contracts that explicitly stipulate it falls on the shoulder of the seller.

However, as any experienced defective product lawyer will tell you, a plaintiff must prove negligence when they bring forth a claim.

A manufacturing defect, for example, is still a manufacturing defect regardless of what the intent was. As sound as the manufacturing process may have been and as moral as a manufacturer may be, it is still their responsibility to not produce a faulty product.

For consumers, strict liability offers the utmost protection, regardless of whether it’s medical devices or general consumer products.

Unless it’s a class action lawsuit that requires court approval, you can acquire compensation through a settlement agreement if all parties agree that is how they wish to proceed.

With non-Canadian companies, they can still be held responsible for a defect. This is because as they release products to the public, there is a legal expectation for them to have reasonably foreseen how their product will be used, purchased, and consumed within a given territory or region.

In terms of statutory obligations to recover damages, if you’ve been injured by using a product with a defect, you have up to two years from the date of the injury to file a claim. After that, you give up the right to pursue legal action for suffered injuries.

Connect with a product liability lawyer at Joshua Goldberg Law. We have the skills and experience to prepare the evidence we need and to file the paperwork to make your case one that nets you the most compensation for your injuries possible.

When you need a defective product lawyer, call us at Joshua Goldberg Law. We are here for you.