Nowadays, there are more and more products available on the market, and more consumers buying them. Sadly, this means that consumers can suffer the consequences of defective products more often. Nevertheless, sometimes there’s a thin border between the manufacturer’s liability and the users’ responsibility.
In this article, we will talk about the most common lawsuits in these cases and how the injury lawyers in Richmond Hill usually deal with these situations.
WHAT IS UNSAFE PRODUCT DAMAGE?
A defective product is a movable or immovable good that does not offer the reasonable safety expected,to which everyone is entitled. It can be caused by a defect in its design, construction, manufacture, information, or storage.
Defective products are any material good or service that causes unexpected harm.
There’s a difference between defective products and noxious products (glyphosate, knives, cigarettes). For example, a weapon is capable of causing harm but it is not unreasonable damage because the buyer is aware of this fact.
The problem arises when the product causes unreasonable damage because the user does not expect that the product will cause harm.
Possible damages from defective products
• Abortions due to defective drugs.
• Injuries from car accidents caused by errors in the manufacturing of the car.
• Poisoning and allergies due to unreported contraindications.
LIABILITY ON THE PART OF THE MANUFACTURING COMPANY
The injury lawyers in Richmond Hill usually see how the negligence of one person causes a chain reaction that affects many people. They also know that getting compensation always depends on the responsibility of involved parties.
Attempted diligence does not exempt manufacturers from product liability. If the manufacturer knowingly or unknowingly causes damage, it has to take care of the situation.
According to the law, the party that causes damage must pay or compensate.
However, there are 4 exemptions to a manufacturer’s liability:
• When it has not put the product into circulation.
• Due to force majeure or fortuitous cause: Sole fault of the victim.
• When the defect is caused by the packaging or manufacturing system established by the State. And that the product could not have been made without violating these standards.
• When at the time the product was put into circulation there was no scientific knowledge to know whether it was defective or not.*
* In that circumstance, it should be proven that the manufacturer took every precaution it could to ensure the product’s safety.
LIABILITY ON THE PART OF THE VICTIM
If the damage is the fault of the injured party, the manufacturer’s liability can be limited or even non-existent.
The victim can sue the manufacturer of the product or the marketer. For example, suppose a man goes to a vending machine and takes a soda. When he holds it in his hands the soda explodes. Could the victim sue the manufacturer? Could he sue the marketer? Yes, he could sue both or choose one of them even if he never consumed the soda.
No matter the circumstances of the claim, the victim must prove the causal link. He must show the cause-effect relationship between his injuries and the product. This process is extremely difficult for most victims in Ontario, so they usually hire injury lawyers in Richmond Hill.