Not every defective product liability claim gets its support from the same theory. There are 4 different theories used in cases that focus on a product liability claim. Read More
Category: Product Liability
Better Understanding of A Tort Claim
A tort claim is described as an accident injury victim seeking compensation from the person that caused the accident. The person that caused the accident must be held legally responsible for having caused physical, emotional, psychological or financial injury to the victim in order for a tort claim to be filed. Tort is the legal reference that describes the injury causing event. The basics of a tort claim are listed below: Read More
A Guide To Product Liability Claims
We are surrounded by products that have been sold to us at all times. Whether it be our cellphones, furniture, clothes, food, or any other manufactured item. And regardless of what the product may be, we always assume it to fulfill a certain purpose, and more importantly, to work as promised and cause us no harm. Read More
Who Is Held Liable For Defective Children’s Toys?
When we go out to buy presents for a child, we assume that all the toys marketed at children are safe for them to play with. But this isn’t always the case. And it is not just the small parts that pose a choking hazard that are the problem; there are also other defects which can pose a threat for the children in our lives. Read More
Product Safety And Filing A Product Liability Claim In Ontario
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. Read More
Can I File A Product Liability Claim After Getting Injured Due To Use of An Unsafe Product?
Every single day in Canada millions of consumers purchase a whole range of different products. These might range from dairy products, groceries, vehicles, toys, food, clothes and basically everything that you can really thing of, including pharmaceutical drugs and cosmetics. With every single thing that you buy, you expect that the company that manufactured it and the sellers accordingly have done everything within their reach to actually ensure that they are safe for usage. At the same time, you expect that if there are any inherent risks and hazards which come with the product, they will be communicated accordingly and that you will be well aware of them. Read More
Why is Product Liability Cases Complicated Yet Preferred?
It’s important to begin by explaining that the country of Canada has both governmental and provincial laws. If the latter differ from the former they are going to be preferred and enforced over the particular province. With this in mind, it’s important to note that there aren’t many provinces with legislations which differ from the governmental. However, the province of Ontario is consisted of a lot of different cities and towns. Oakville, for instance, is one located in the Southern parts of Ontario and it is a suburban town. However, the legislation of Ontario is fully enforceable in the city of Oakville as per the rules which were described above.
Significant compensation claims
Product liability poses a great interest in every single law firm. This is due to the fact that the cases are generally aimed towards huge corporations and the compensatory claims are significant. This means that the attorney’s commission is going to be huge and also the potential win is going to have a great impact on their reputation in very beneficial manner. However, there are a lot of things to be considered.
Even though product liability seems to be the overly preferred field of expertise for most of the law firms which practice in personal injury law, it has a lot of specifications. It is important to determine the exact cause for the product liability lawsuit. This is due to the fact that it may be regulated by different areas of the law. For instance, if the product liability case derives from a breach of contract, this is going to be regulated as per the rules of the Commercial law or in some cases as per those of the Common law. However, if there was an additional duty of care implied by the contract and the defending party breached it, the rules that are going to take effect are those of personal injury law. This is why product liability can be incredibly tricky. It requires thorough and sound knowledge of a variety of fields of expertise.
It is also important to note that these cases are commonly going to be pushed towards settlements because generally the corporations don’t want to risk the whole thing going public in trial. This could hurt their reputation and private out-of-the-court settlements are preferred almost always. With this in mind, it is important to take advantage of this situation and demand higher settlements.
After all, the defending party is at fault and it has interest of a settlement – you should most certainly take advantage out of it. This is also the main reason for which most of the law firms prefer to deal with cases of this particular type. Thus, if you have a similar case to file but don’t know how to go about it, contact an experienced legal firm and get the compensation that you deserve.