Product Liability Claims

When we make purchases at local stores or online retailers, we expect that the products we buy will be safe to use. Some products might have safety instructions or warning labels alerting consumers about the potential hazards associated with the item’s improper use. Most people assume that, if those safety guidelines are adhered to, they will not be at risk of injury or death while using the product they purchased.

Indeed, in this country, there are robust federal regulations surrounding the manufacturing, marketing, packaging, importation, and distribution of non-commercial consumer items. These items include:

  • Domestic items (e.g. appliances, furniture, etc.)
  • Recreational items (e.g. children’s toys, games, etc.)
  • Sports items (e.g. equipment, gear, safety pads, etc.)
  • And possibly more

Companies responsible for these actions must follow the safety guidelines mandated in the  Canada Consumer Product Safety Act (CCPSA). The CCPSA’s safety procedures and regulations exist to ensure that potentially hazardous consumer products will not endanger the lives or physical safety of unsuspecting users.

The CCPSA does not regulate safety guidelines for consumable beverages and foodstuffs, prescription or over-the-counter medications, or disinfectants for food storage units. These products are subject to different safety guidelines, outlined in the federal Food and Drugs Act.

Despite heavy federal regulation, sometimes products that are unsafe for human use are released for sale to the Canadian public. And when that happens, the consequences can be dire.

Defective products can start fires, create choking hazards, and pose other significant risks to the personal safety of their users. Because of defects in their design, manufacturing, or marketing, seemingly commonplace products could seriously injure, maim, or end the life of an unsuspecting consumer. Power tools, household appliances, children’s toys, and other household items can cause lifelong pain and suffering as a result of dangerous flaws and defects that have somehow gone unnoticed.

People who use non-commercial consumer items in a reasonably foreseeable way should not be forced to pay the price of a product manufacturer’s negligence. If you were injured by an item you purchased, we may be able to help you recover the compensation you deserve by pursuing a civil claim against the negligent parties responsible for your injuries. To learn more, contact us today.

How is Negligence Determined in Product Liability Claims?

After being injured by a defective product, you might assume that your own misuse of the product was responsible for the accident. However, injuries resulting from the use of defective products are often the result of another party’s negligence. Oftentimes, this party is the company or organization that designed, assembled, packaged, advertised, or distributed the product for sale.

Potentially hazardous product defects are often the result of:

  • Flaws in the design
  • Manufacturing process errors
  • Improperly conducted safety tests
  • Misleading, confusing, or insufficient safety warnings
  • Labeling, packing, or advertising that fails to communicate the risks associated with the product
  • Failure to alert proper authorities about dangerous associated with the product
  • And more

Design defects occur when the product’s design is inherently dangerous or inadequate. Manufacturing defects occur when there is a flaw in the manufacturing process that causes the product to be different from its intended design. Marketing defects occur when the product is marketed in a way that fails to provide adequate warnings or instructions for safe use.

In accordance with the CCPSA, as soon as a manufacturer learns about a potentially dangerous defect in their product, they are required to alert Health Canada. By doing so, they could trigger a nationwide recall and pull the defective, dangerous product from shelves and potentially save future customers from being injured or losing their lives. If a manufacturer knows their product is defective or is aware of its potential hazards but fails to alert the public, their negligence could have far-reaching repercussions.

How Can Injured Consumers Pursue Compensation?

Product liability claims can be complex. In order to recover compensation for injuries caused by defective products, a claimants must be able to prove a causal link between the manufacturer’s negligence and the injuries sustained by the consumer. It can be difficult to prove that a product manufacturer violated federal safety standards, withheld crucial information from the public, or otherwise failed to uphold the duty of care they owed their customers.

However, if it can be proven that a manufacturer’s failure to fulfill their duty of care resulted in a hazardous product defect that resulted in your injuries, they may be liable for damages you have incurred as a result, as well as damages you will incur in the future.

In addition to the manufacturer, distributor, and retailer of the product, other parties may also be liable, such as designers, engineers, or installers, depending on the specific circumstances of the case. During a free initial consultation, our team may be able to help you identify the various parties who may be responsible for your injuries, and give you an idea of damages you may be entitled to pursue. These damages might include:

  • Medical expenses
  • Pain and suffering
  • Rehabilitation costs
  • Attendant care
  • Lost wages due to missed work
  • Loss of future earning capacity
  • Adjusted living expenses
  • Punitive damages
  • And possibly more

To learn more about how our defective products lawyers serving Alberta may be able to help you get the compensation you deserve, schedule a free initial consultation with Preszler Injury Lawyers.

Free Consultation For Individuals Who Need Legal Assistance With Product Liability Claims

No one imagines that the use of a commonplace, seemingly safe consumer item will result in serious or life-threatening injuries. In the aftermath of an injury-causing accident caused by defective products, it can be difficult to know where to turn for crucial legal advice and assistance.

We are standing by to provide you with personalized, case-specific legal feedback during a free initial consultation. To take advantage of your cost-free, no-obligation first meeting with Preszler Injury Lawyers, contact us today.

 

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