Several people visit emergency rooms in Ontario every year due to an injury caused by a defective product. However, if a consumer suffers an injury or loses their life due to a defective product, they have a legal right to sue the responsible individuals. It is, nonetheless, imperative to seek help from a seasoned professional lawyer to represent you in court to ensure you can secure compensation.
While you can hire any lawyer of your choice, it may be a good idea to hire the lawyers who sue police in ontario canada as they possess the requisite knowledge and experience to handle challenging cases. With a good lawyer, you can secure just compensation for your damages.
Different areas of product liability
Product liability is a business’s legal duty to its customers for selling defective products. If a company manufactures and sells a faulty product to a consumer, the law will hold the defendant liable for damages in the plaintiff’s favor.
Usually, product liability cases fall under one of three main legal theories: product design defects, manufacturing defects, and marketing defects.
Product design defects
Product liability can arise if a defect is present in the product’s design. The plaintiff requires solid evidence to prove the design is defective despite the product being manufactured carefully, used as directed, and safely handled.
Manufacturing defects
Another reason that may invoke product liability is the defect that occurred during the product’s manufacture. Such defects may arise due to negligence of the workers, the manufacturer not following the approved design or procedure, or faulty material used in producing the product. All in all, the plaintiff has to prove that the product is unsafe to use due to the manufacturer’s fault.
Marketing defects
Another reason that may invoke product liability is the improper or wrong labeling of the product. Marketing defects may lead to insufficient instructions, inadequate safety warnings, etc. The plaintiff, in such a case, has to prove the failure or negligence of the advertiser/ manufacturer to properly label the product. A plaintiff may also prove that the product failed to comply with the regulations or industry standards.
Canadian laws related to product liability
A plaintiff may rely on federal and provincial product liability laws to prove the manufacturer’s liability in the case of a defective product.
Federal laws related to product liability
Following federal Canadian laws can help plaintiffs determine the product liability, regulations, or industrial standards that may apply to a business.
- The Food and Drugs Act covers drugs, food, cosmetics, therapeutic devices, and medical equipment.
- Canada Consumer Product Safety Act covers consumer products and their components, accessories, parts, packaging, etc.
- Pest Control Products Act for pest control products, the Hazardous Products Act for hazardous products, and the Motor Vehicle Safety Act for motor vehicles and equipment.
Provincial laws related to product liability
- The Sale of Goods Act in Ontario, British Columbia, and Alberta regulates the sale of goods and governs transactions.
- Consumer Protection Act of Quebec to protect consumers when dealing with businesses and merchants.
Who is liable for a defective product
A consumer can hold the following entities or businesses liable for the defects.
- Manufacturer
- Wholesaler
- Distributor
- Product owners
- Certifiers
- Testers
- Importers
- Retailers or sellers
Proving product liability before the law
A plaintiff has to prove the following in a court of law to secure compensation in case of product liability.
- The product has a manufacturing, marketing, or design defect.
- The defendant was negligent in designing, manufacturing, or marketing the product.
- The product was used as desired under normal circumstances.
- The negligence of the defendant caused the injury to the plaintiff.
- The injury has caused damage to the plaintiff.
Establishing the above in court can help prove that the defendant is liable for the damages and owes you compensation. However, you should seek professional help to ensure a good chance of winning the case.
