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Under Ontario Provincial personal injury law, there is a specific standard of care that a designer, distributor, manufacturer, retailer, and any other member of the supply chain owe to the consumer. Simply stated, they must ensure that a defective and hazardous product of theirs does not end up in the hands of the consumer. A dangerous or defective product is defined as a manufactured consumer product that fails to meet the normal safety expectations of the person who purchases and uses it.
There are a number of ways that a product could be deemed as dangerous or defective such as design flaws, manufacturer’s errors, and other similar defects. This can result in serious injuries to the consumer and in some cases, those injuries could be fatal. If you were seriously injured or a loved one died as a result of using a defective product, you should consult with an injury lawyer in Kingston and their staff regarding your case. You may be entitled to compensation.
In personal injury law, you can file a claim for negligence against any member of the supply chain when you have been injured by using their products. If the retailer you bought the product from refuses compensation and you get no satisfaction from the manufacturer when contacting them, a lawsuit may be your only option. You can start a lawsuit against the manufacturer and claim negligence.
If the damages (your injuries and losses) are smaller, claims for damages are normally pursued in Small Claims Court without the help of a personal injury lawyer. Otherwise, your best option is to hire an experience lawyer to represent you and your case. Keep in mind that the burden of proof is on your shoulders in a defective product or product liability case. In other words, you will have to prove that there was a failure on the designer’s or manufacturer’s behalf to exercise a standard of care to prevent any injuries to consumers.
This also applies when the product’s instructions led to the person getting injured or their property getting damaged. If there a defect in the method or technique involved in making the product, the courts will probably name the manufacturer as the responsible party since the company’s employees or processes failed to catch the mistake. Also, you may be able to file a lawsuit against a distributor, manufacturer, or retailer if they carelessly or recklessly make false statements regarding the product’s safety. This is known as a negligent misrepresentation.
No matter how minor or severe the injuries are that you sustain when using a defective product, you should still speak with an experience personal injury lawyer in Kingston and their support staff regarding your case. This is the only way to ensure compensation for your injuries and protect your rights. Thus, don’t delay t any longer but ensure that you consult a legal professional today.