Product Liability Lawyers Edmonton
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Customers should feel safe that buying and using recently purchased products will not cause them harm. Sadly, because of a product manufacturer’s negligence or their failure to warn the public about the risks associated with their products, innocent victims could sustain serious injuries in totally unforeseen accidents.
When a company offers goods for sale to the public, they have a duty to ensure that the product is reasonably safe for use. Before the sale of products, companies must test their products for safety. Further, they must investigate claims of malfunction seriously. If the manufacturer of a potentially dangerous product learns that an item they have made available for sale to the public is defective and hazardous to human health, they are required to alert federal authorities. Only after doing so can a nationwide recall, advisory, and safety alert be issued in an effort to reduce the scope of the product’s potential harm.
However, if a product manufacturer fails to comply with these duties, the consequences can be severe. When people get seriously injured due to these defective products, it can impact an individual’s ability to perform normal tasks like washing the dishes, taking the trash out, driving, and even duties at work like sitting at a computer. When an injury leaves long-standing health issues and challenges, it’s time to call our Edmonton product liability lawyers.
Regulation to protect consumers
Buying products is like entering into a contract. While buying an electric razor does not feel like buying a home, there are some similarities. The courts have developed some protections for customers by creating some standards for products sold by businesses. The Government of Alberta and the Government of Canada have also created laws to protect customers. Throughout the country, the manufacturing, packaging, advertising, importation, and distribution of non-commercial consumer items are regulated by the Canada Consumer Product Safety Act (CCPSA). The companies that assemble, import, and sell domestic, recreational, and sports items to people across the nation are required to comply with strict safety protocols and guidelines.
However, some potentially dangerous products that do not meet federal safety standards are made available to consumers. Oftentimes, this occurs because of negligence somewhere in the chain of production. And when defective products are released to the public, unsuspecting consumers can sustain severe injuries or even lose their lives as a result.
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Examples of product liability claims in Edmonton
Negligence can occur in the production cycle in many ways. Examples of manufacturer negligence that could lead to injuries resulting from the use of defective products could include:
- Designing the product in a defective manner
- Ignoring errors in the manufacturing process
- Conducting safety tests improperly
- Providing insufficient safety warnings
- Failing to adequately communicate the risks associated with the product on its packaging/safety instructions
- Failing to recall dangerous products in a timely manner
- And more
Our Edmonton product liability lawyers understand that product liability issues can happen at any step throughout the life cycle of a product. Our lawyers have been helping Canadians with their product liability claims since 1959 and can help secure compensation for individuals who have been seriously injured due to using a defective product. These types of claims are highly nuanced and complex, and we recommend speaking with one of our lawyers for legal help.
Elements that must be proven in product liability claims
Consumers are protected by the Sales of Goods Act when they purchase items. However, this legislation only applies to the individual who bought the product. Therefore, it is important to confirm who you purchased the item from and when it was bought. Under this legislation, the vendor of the product can be liable for the unsafe product even when it was manufactured elsewhere. Once you prove that you had bought the item from a vendor, that business may be responsible for any damage caused.
There are a couple of terms added to a contract by this Act:
- When the buyer makes it known to the vendor the intended use of the product, the product must be reasonably safe for its intended purpose. For example, if you go to a cosmetics store and ask for a hair removal product, but when you apply the product, it also burns off your skin. In this example, the vendor would be responsible, and the contract is void. The purchases could return the product and receive your money back under this Act.
- The product is of merchantable quality. For example, if you buy a vaporizer and it spontaneously ignites in your pocket without causing a burn.
- The product will match the description. If you purchase items online, they should be consistent with the photo and specifications of the product on their website.
Unfortunately, buying products from foreign jurisdictions online may prevent you from being able to hold the vendor or the manufacturer accountable.
Types of compensation available for people injured by defective products
All compensation for product liability claims is dependent on the facts of the case and the severity of the injuries. Here is a general overview of the types of compensation that you may be eligible for if you were seriously injured as a result of using a defective product:
- General Damages:
Your pain and suffering claim depends on your injury, the time it takes to recover, and how it impacts your life. Injuries may involve both physical and psychological elements. - Lost Income:
If you have lost wages and may lose wages in the future, you can make a claim for lost wages. Your income tax returns will be helpful in demonstrating this loss. - Special Damages:
These are your out-of-pocket expenses related to the injury. After injuries, plaintiffs often pay for medication and treatment during recovery. You are entitled to recover these expenses. - Future Treatment:
Most people with permanent injuries will have ongoing expenses into the future.
How can a product liability lawyer help me with my claim?
If you were injured by a hazardous consumer item, our Edmonton defective products lawyers may be able to help you. By working with our defective products lawyers serving Edmonton, you may be able to recover damages you have incurred as a result of the injuries you sustained, as well as damages you might incur in the future.
Our Edmonton defective products lawyers are passionate about providing crucial legal assistance to injured members of the local community and about holding negligent product manufacturers accountable for their wrongful actions. To discuss your case and learn if you might be eligible to pursue a civil claim, call our defective products lawyers serving Edmonton today and receive a free initial consultation.
Book a Free Consultation With Our Edmonton Product Liability Lawyers
Being injured by a defective product can be a confusing, physically demanding, and overwhelming time in a person’s life. To learn about options for financial compensation that might be available to you, take advantage of a free initial consultation with our defective products lawyers serving Edmonton and receive personalized legal advice. To review your options, contact us today.
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Proud to be one of Canada’s oldest personal injury law firms. The firm was founded in 1959 and has now grown to numerous offices across Canada. We have cumulatively secured over $1 billion for thousands of Canadians and are proud to maintain a high standard for our professional services without compromising on care or compassion.
Commonly Asked product liability Questions
Here are our most asked questions on product liability claims.
How can a personal injury lawyer help me with a product liability claim?
A lawyer can assist in investigating your claim and confirming all the potential at-fault parties. Further, lawyers have a lot of experience negotiating with insurance companies and advancing personal injury claims in litigation.
Can I still sue if I don’t have proof of purchase for the defective product?
You may still be able to sue even without a receipt. However, this will depend on the nature of the defect, the type of product, and the manufacturer. You may lose the ability to sue the vendor. It is best to consult a lawyer to confirm your rights.
What are some common types of products that have defects?
The following types of products frequently see product defects:
- Motor vehicles and motor vehicle parts;
- Sports equipment;
- Stoves and home appliances;
- Skin care products;
- Vaporizers;
- Laser pointers;
- And more.
Is there a deadline for filing a product liability claim?
There is a 2-year limitation period on almost all claims, including product liability lawsuits. You should commence your action before the 2-year anniversary of your injury.
What steps should I take after being injured by a defective product?
Seek medical attention with your family doctor or a hospital. Follow all medical recommendations. It is important to keep the product and any invoice confirming you purchased. Contact a lawyer about your rights.
What is required to support that product liability claim?
You should maintain any receipt or confirmation of payment from your credit card. Your injuries will be documented in your medical records. If you have lost income, records from your work or your tax returns will be important to prove that aspect of your claim. Finally, keep your receipts for medicine or treatment related to your injury.
What makes a product defective?
Products may be defective by never working as intended, by not being durable, or if the instructions or warnings are inadequate. There may be problems with the manufacturing and packing, or the product may be damaged during transit.
What kind of compensation is available for a product liability claim?
You may be entitled to money for pain and suffering, out-of-pocket expenses, and lost wages, among others.
Who is responsible for a product liability claim?
The manufacturer, distributor, or vendor of the product may be responsible for the claim. It is important to investigate your claim and confirm all the potential at-fault parties.
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