Ontario Product Liability Law – Defective Products and Negligence

by | May 3, 2016 | Product Liability

Ontario Product Liability Law – Defective Products and Negligence

Defective or dangerous products are the cause of thousands of injuries every year in Canada. The law provides protections for consumers and others who may be injured by dangerous or defective products, and defines who is responsible when injuries occur.

Product liability refers to a manufacturer, distributor, seller or another company or person being responsible for placing a defective product into the hands of a consumer.In general terms, the law requires that a product meet the ordinary expectations of the consumer. A product may be found to be defective because of a shortcoming in manufacture, design or warnings to the consumer of a hazard involved in the foreseeable use of the product.

Primarily, there are three types of defects that may cause injury and lead to manufacturer or supplier liability:

  • Defects in Design – These may exist even prior to a product being manufactured, meaning that a flaw in the design of the product may make it inherently unsafe.
  • Defects in Manufacturing – These defects may occur during production itself.
  • Defects in Marketing – Some defects are associated with the manner in which the product is marketed. Examples of marketing defects may include errors in labelling, instructions or safety warnings that are inappropriate, or even missing.

If you’ve been injured, you may have a viable claim against a manufacturer, retailer, distributor or other party in negligence, breach of warranty, or other claims arising from a defective product. An experienced personal injury lawyer will work with you to determine how best to prove that the product was defective and unreasonably dangerous, and that the defect caused your injury.

Product liability cases are often complex and establishing legal fault usually requires the assistance and testimony of experts. If you or a loved one has suffered an injury caused by a potentially defective product, contact an experienced Mackesy Smye lawyer to guide you through the claims process.

 

Personal Injuries at Provincial Campgrounds

Personal Injuries in Provincial Parks – do you know what to do if you get hurt at a provincially run campground this summer? And what about deadlines? Learn who’s accountable and how quickly you need to consult with a lawyer.

Suing for Whiplash – A Pain in the Neck

Whiplash is perhaps the most common injury associated with auto collisions. But many insurance companies are suspicious of whiplash claims and will do anything to deny payment. Read the full article to learn more.

Personal Injury Claims & Social Media

Don’t Self-Sabotage on Social Media – the defence is looking to discredit you, and you might be giving them everything they need. Use social media responsibly during your trial so that your posts can’t be used against you – read the full article to learn more.

Slips, Trips & Falls – Business vs Private Residence

Where you had your accident can matter as much as why you got hurt. The Occupier’s Liability Act holds businesses and homes to different standards. Find out how this could affect your case, read the full article to learn more.

Bicycle Accidents and Personal Injuries

Cyclists assume way more risk than drivers. And if the two ever collide, the cyclist’s injuries could be serious and permanent. If you’ve been hurt in an accident involving a car or truck read the full article to learn more.

Loss of Limb – Potential Impacts to Lawsuit

The nature and severity of amputation make it unique among personal injury claims. Make sure you’re taking everything into consideration before submitting your claim – read the full article to learn more.

Dangerous Street Racing & Stunt Driving – Personal Injury Lawsuits

We’re already sharing the road with self-driving cars. But who’s at fault when they get involved in accidents that cause injuries to other drivers? And can you sue? Read the full article to learn more..

Personal Injury and the Canada Revenue Agency

If you win a personal injury lawsuit in Ontario, how much will you lose in taxes? How do you hold onto it and keep it out of the hands of the taxman? Click here to learn about tax-free structured annuities.

Autonomous Driving Accidents & Personal Injury

We’re already sharing the road with self-driving cars. But who’s at fault when they get involved in accidents that cause injuries to other drivers? And can you sue? Read the full article to learn more..

Personal Injury Claims & Accidents Involving Uber or Lyft Drivers

When ridesharing becomes accident-sharing – who’s responsible for injuries when Lyft and Uber drivers are involved in a crash? For simple answers to this complex and complicated question, click here for our comprehensive guide to ridesharing injuries.