Product designers and manufacturers have a responsibility to the public. Whether we buy products for the home or work, we should be able to trust that our purchases will not harm us if used properly. Unfortunately, this is not always the case and people are hurt by products regularly. While some accidents are caused by the negligence of the user, others constitute a product liability case. Product defects can happen to any product ranging from the simplest of household goods to the most complex automobile products. These cases can vary depending on the circumstances of the case. A unifying theme of a product liability case is the need to demonstrate evidence of negligence. This is called the burden of proof, which is a legal standard that must be met by the injured party. It is important to retain possession of the defective product and contact a lawyer that can conduct an investigation.
What types of product liability cases are there?
Establishing the liable party is a major part of a product liability case. For example, if you were injured in a car, there are multiple parties that may be liable, including the manufacturer of the car or the maker of a car part, such as the tires or brakes. The main types of product liability cases are:
- Design defects: Design defects occur when the individual who actually designed the product was negligent and did not take the necessary steps to ensure that the product was safe for consumers. Proving negligence usually entails uncovering a safer yet equally practical way to design the product.
- Manufacturing defects: Manufacturer defects occur when someone who was involved in the actual creation of the physical product strayed from the design and this negligence caused the product to become unsafe. For these cases, the design must be sound. The issue involves the wanton deviation from that design.
- Failure to warn: Instructions and labeled warnings are very important parts of any product. When a company fails to warn consumers about a potential danger associated with using a product incorrectly, the consumer may become seriously injured and the company could be held responsible for the aftermath.
I’ve been injured by a defective product. Why should I keep it?
The product that injured you is probably the best piece of evidence for your case. A product liability lawyer will work with a team of experts who can use your product to isolate the issue and investigate if the defect is a widespread problem. Even if you do not retain possession of the product, an experienced product liability lawyer may be able to find the issue.
Contact a Toronto Product Liability Lawyer
If you have been seriously injured because of a defective product, it is important to retain the services of an experienced lawyer who can assess your case, guide you through your legal options, uncover the negligent parties, and hold them accountable. You may be entitled to compensation. Merricks Law Group, P.A. can help. Contact us today.