Personal Injury Claims For Product Liability

In personal injury law, injuries arising from the use of a defective product may be due to a number of factors including design flaws, failure to instruct the consumer on how to use the product, improper inspection, or manufacturer’s error. Since the responsibility for these injuries oftentimes falls on the shoulders of members of the supply chain, the injury victim or plaintiff may be entitled to compensation for damages. In other words, they might be able to file a personal injury claim for product liability against the designer, distributor, maker, and retailer of the product.

The members of the supply chain (see above) are obligated to the consumer’s safety whether it’s a child’s toy, an electronic device, a food item, or the tire on a vehicle. Their primary responsibility is ensuring that the products that are manufactured and sold to the consumer are safe for them to use. This is more commonly referred to as a “duty of care” and requires the adherence to a specific standard of care. Under Provincial Law, the lack of this adherence is grounds for a product liability claim.

Furthermore, there must be certain quality control measures in place to ensure that defective products do not enter the marketplace. This includes directions or instructions for use of the product as well as consumer warning labels. In addition to the products mentioned in the previous paragraph, defective products can include:

• Auto parts (e.g. brakes, driver and passenger air bags, tires, etc.)
• common household items
• Construction equipment (e.g. ladders, scaffolding, etc.)
• Exercise equipment (e.g. stair climbers, exercise bikes, treadmills, etc.)
• failed safety equipment
• household appliances
• inadequate or missing warning labels

One or more members of the supply chain may be held liable in a product liability and personal injury claim if the consumer sustains injuries while using the product as it was designed and instructed.

However, it is recommended that you do not try and represent your rights in the court of law or negotiate with the insurance adjuster on your own. That is because most people don’t understand the nuances of law and are intimidated by the aggressive tactics of the insurance company.

If you consult with a personal injury law firm, they will evaluate and investigate the circumstances surrounding your injury. At that point, they’ll be able to determine what parties are liable and hold them accountable for your injuries and the losses that resulted from using their product. Thus, when you work with an injury lawyer, you are sure that your rights are protected and they will try and win the maximum compensation amount for your injuries.

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