Product Liability Lawyers - Injury Compensation
The designers and manufacturers of consumer goods have a legal duty to care for the health and safety of their customers. If a consumer suffers personal injury while using manufactured goods in their intended manner then anyone involved in the chain from the initial concept of the design of the product to ultimate sale of the product to the public may find themselves being pursued for compensation in a court of law by product liability lawyers acting on behalf of the injured victim.
If you are the innocent victim of a dangerous or substandard product or as a result of a drugs recall or a medical device failing to meet a reasonable standard of safety in Ontario then you may be able to recover financial compensation. Our defective product lawyers are experts who will deal with your claim using a contingency fee arrangement. If you don't succeed in receiving a settlement then your defective product lawyer won't get paid one cent.For advice at no cost from a specialist product liability lawyer just call the helpline or complete the contact form or email our offices and a personal injury lawyer will telephone you immediately to discuss your compensation claim without further obligation.
Defective Product Classes
Defective goods cases may involve strict liability, negligence, breach of warranty or misrepresentation and may arise as a result of defective products in the following classes including dangerous toys, defective car and accessory design including SUV rollovers, defective medical products and improperly researched drugs, gas tank explosions, negligently designed consumer and household products, faulty industrial machinery and inadequate farm equipment including tractors. Product liability lawyers can and often do take legal action for injury compensation in all of these categories either on behalf of an individual or for a group of people in a class action.
Manufacturers Responsibility
Manufacturers have a legal responsibility for the safety to their consumers. When consumers are injured or harmed by a product while using it in its intended manner then the manufacturers, wholesalers, designers, retailers, and anyone involved with the product being sold to the consumer may be liable to pay compensation. These cases may involve strict liability, negligence, breach of warranty, or misrepresentation and can arise as a result of a dangerous product, a drug recall or a defectively installed medical device. A product liability lawyer can take legal action for compensation as a result of failure to provide warnings when knowledge of hazardous products exists, failing to ensure that a defective or malfunctioning part is not used in products, or failing to warn when a fault exists that makes the product unsuitable for the purposes for which it was sold.
Strict Liability
The Modern doctrine of 'strict liability' in defective product cases was first outlined in the case of Escola v. Coca Cola Bottling when Justice Traynor asserted that public policy demanded recovery of compensation for the plaintiff even if negligence could not be proven because the manufacturer was in the best position to take out insurance against the damage. Strict liability applies to anyone who is in the business of selling products and sells a product in such a condition as to pose an unreasonable danger of physical harm to the user or consumer, or to his or her property. There are three types of actionable defects which are manufacturing defects, design defects, and information defects. Manufacturing defects are present when the product is not what the manufacturer intended. Design defects are those that reach the consumer in the form intended by the manufacturer, but something in the design makes them dangerous, and foreseeable risks could have been avoided with an alternative design. Information defects are attributed to products that are unavoidably dangerous yet useful to society. They are only defective if appropriate, adequate warnings are not attached.
Product Liability Categories
The four main categories of defective goods upon which product liability lawyers take legal action are as follows :-
- defective design which occurs when the product is inherently dangerous as a result of poor or inadequate design
- defective manufacture often means that the manufacturer is strictly liable to pay damages without the necessity of the consumer to prove negligence
- defective warnings are usually inaccurate or out of date or may have been contradicted by statements in advertising or made by the sales force
- negligent after sales service occurs when inherent product defects come to light and the consumer is not adequately warned about the product's lack of safety
Product Liability Lawyers
Our product liability lawyers offer expertise in defective product litigation that is second to none. All of our lawyers deal exclusively in claims involving physical injury. If you have been injured as a result of a defective product and would like to talk to an experienced personal injury lawyer without obligation then just call the helpline or email our offices or complete and send the contact form and a producy liability lawyer who deals in accident claims will phone you with free advice and information on how best to preserve your legal rights to compensation for your injuries.
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