Product Liability / Defective Products
Canada is one country that is known for maintaining very high standards for products sold to consumers for use on a daily basis. For this reason, manufacturers, designers, distributors and retailers actually owe you a certain standard of care. In other words, you can hold them responsible for any damages caused from using defective or dangerous products they sell to you.
Defective or dangerous products in law are defined as those products that are manufactured but not meeting the ordinary set safety standards and for that reason likely to hurt the end consumers. Anyone found selling or is proven to have sold defective products to consumers intentionally or unintentionally will be held liable for the damages and harms sustained by the consumer.
Some good examples of such products that can cause serious harm to the innocent user include electronic devices that may overheat and combust, unsafe food products, mechanical failure in vehicles and unsafe toy products for children and toddlers which contain lead and choking hazards.
In case you or your family member is a victim of contaminated products that caused severe harm, contacting our Toronto personal injury law firm, Da Silva Legal Services Professional Corporation will be crucial to help you in carrying out aggressive investigations using top industry experts to determine the real problem and find out responsible parties that will be held liable for the injuries and harms sustained after using the products.
The Canadian consumer product safety act
According to this act that was created in 2011 by the federal organization that continues to oversee the Act, Health Canada, manufacturers and sellers are held responsible for the safety of the products they sell. This has actually ensured very high standards for products in Canada. The act demands the manufacturers to;
- Report any kind of product defects or issue regarding the safety of their products
- Supply Health Canada with the information about the supplier’s name and the timeframe within which the product was made available.
- Maintain honest and accurate labeling and advertising as well as packaging of products regarding the safety of the same.
- Provide information regarding relevant safety use of the products to consumers
These are the standards upon which any manufacturer or seller is held liable of violating in case their products caused severe harm to the consumers. In combination with the consumer protection Act of 2002 outlining the various obligations applying to new products purchased under consumer agreement, anybody found to violate the obligations and set standards will definitely be held accountable for any damage caused to users of their products.
Proving negligence and determining compensation in a product liability claim
Basically, in order to prove negligence in a product liability claim, you must be able to prove;
- That you used a defective or unsafe product
- That you sustained injuries by using the product
- Negligence of the manufacturer or supplier
Sometimes proving these three facts may be quite challenging hence the need to obtain a seasoned product liability lawyer in Toronto to help with the entire process of proving negligence in product liability claims. The lawyers will therefore carry out investigations to detect defects in design, defects during manufacturing process, failure to warn on possible harm and failure to inspect or test products before selling.
Though challenging this process can be, it is actually the most crucial part in winning the claim and receiving fair compensation.
In terms of compensation, your product liability claim must have proved beyond reasonable doubt that you suffered severe injuries upon using the product. The compensation granted is thus calculated based on a number of factors;
- Loss of current and future income
- Medical bills accrued
- Pain and suffering
- Punitive damages
From the above grounds upon which compensation amount is determined, you realize that some are difficult to place a monetary value for instance pain and suffering. In order to have a solid argument that will yield maximum compensation, you need the help of a season Toronto product liability lawyer to fight for you.