One of the most common cases that a personal injury lawyer would undertake is related to product liability. It is important to note that this particular practice area in Canada is generally governed by the common law which is enforceable in all of the provinces except for Quebec. However, the city of Sudbury is located in the province of Ontario and as such the common law would be enforceable. Even though there are provincial laws which regulate this particular field of expertise, almost all of them are rather similar.
Product liability may be filed on two legal premises which are a breach of contract and negligence. The most common ones which are related directly to personal injury law derive from negligent behavior of the vendor party. In order to subject product liability under a tort-based premise which is the negligent behavior, there is an established implied expectancy called the duty of care. This is a required behavior by both parties under which the condition of the product would be intact and it would allow it to serve its general purpose. If one of the parties breach this duty, their behavior is constituted as negligence and if it resulted in some sort of damages, the suffering side is entitled to file a motion for compensation.
The other legal premise under which such a lawsuit can be filed is pursuant to the Contract Law which is also enforceable in the city of Sudbury. This sets forth pre determined quality standards that every product should meet at the time of the sale. The qualities are not specified but it is said that the product should be fit for its general purpose and should be presented in good and working condition. Now, it is also important to outline that the selling party is required to inform the purchaser for any defects that he is aware of. This is an obligation under the aforementioned act and if it is not fulfilled and this results in damages for the buyer, the latter is fully entitled to seek reparations.
Generally all sorts of damages are claimable as per the acts mentioned hereby. These include pecuniary and also non-pecuniary damages. However, evidence should be presented for both the damages and the defect in the product itself. It is also worth noting that the Family Act is also enforceable in the city of Sudbury which would empower members of the family of the injured party to seek reparations on his personal behalf and they do not have to be specially authorized to do so. However, the nature of these damages is limited and they can claim only pecuniary damages such as loss of income, for instance. This would be the difference in the income prior to and after the accident.