When it comes to the health and safety of Canadians, product liability law is particularly important in a day and age when we are experiencing a global marketplace. Defects in products have the potential to cause grave illness, serious injury, and, sometimes, fatality. Here in Ontario, there are many different product liability laws to protect unsuspecting consumers from harm. If you have been harmed by a product, an injury lawyer in Oakville is your first course of action in order to file a liability claim.
In the case of responsibility, when a product is manufactured, many different parties are responsible for it coming to the marketplace. That is why product liability can be a complex matter. From design to distribution, the fault may lie in one particular area or in multiple areas. The party that you can hold liable all depends on where the defect responsibility lies in this continuum and what type of defect it is.
Often, a defect takes place prior to the manufacturing process in how the product is designed. A faulty design or flaw in the structural formation can lead to injuries that open the company to liability. In these cases, the company must be able to prove that there was no alternative within their cost range to design it differently and still be profitable.
Mistakes or errors on the part of the manufacturer can lead to liability claims. Improper testing, faulty or dangerous materials, contamination, and mistakes in the production process can lead to injuries for unsuspecting consumers. Without adequate testing, these faulty manufacturing processes are often uncovered after it is too late.
Failure to Warn
When the company has not provided sufficient information on labeling and marketing, either instructional or warnings of possible consequences or side effects, this can leave it to possible claims for failure to warn liability. In this case, it must be proven that the injury stemmed from a lack of information about the product. There are certain industries that are more vulnerable to this type of liability, most commonly pharmaceuticals and food.
Product Recall Liability
Once a defect is discovered, a company has the responsibility to issue a product recall in order the keep the consumer safe. If a company has not taken the initiative to recall faulty products from the market, they may be subject to a recall liability claim.
When you have been injured due to a defective product, it is important to contact a personal injury lawyer in Oakville. Many times, there are class action claims made against specific companies to ensure that the weight of the claim is not carried by one individual. Call AG Injury Law Office to see what your legal rights are after an injury due to a defective product. We offer a no-cost initial consultation and will be happy to answer any of your questions.