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    HomePractice AreasProduct Liability

    Product Liability

    Product LiabilityWhen a product is put on the market, it is the responsibility of the manufacturer, distributor, and retailer to ensure that the product is safe for use. Unfortunately, not every product is safe, reliable, or fit for the purpose it is purchased for, and can result in an accident causing serious personal injury.

    If you or a loved one have been injured by an unsafe product, you may have a viable product liability case and be entitled to compensation. With over 40 years of experience in product liability litigation, Oatley Vigmond can assist you with your ongoing and immediate needs while fighting for your compensation in court.

    Book a no cost, no commitment consultation by filling out the following form to determine whether you are eligible for compensation:

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      What constitutes a product liability claim? Do I have a case?

      In product liability cases, the question of a viable claim revolves around whether the manufacturer, seller or distributor of the product lived up to their responsibilities. Under product liability, there are three categories of defects that the manufacturer could be held liable for:

      • Manufacturing – Manufacturing defects are ones that pertain to the production and manufacturing of the product. An example of a manufacturing defect could be something that was missed or accidentally added in the assembly line which later posed risk of harm or injury to the consumer.
      • Flawed Design – Flawed design defects are those that arise in the design of the product. Most companies do research and testing prior to releasing a product to avoid design liabilities; however, if these tests are not completed properly or something is missed, the company could then be held liable for any defects resulting in harm or injury.
      • Marketing Defects – Sometimes, harmful defects are a result of improper marketing rather than a direct result of the product itself. Examples of marketing defects include mistakes in labelling, or improper/missing instructions and safety warnings.

      Any of these defects could lead to a viable claim against the manufacturer of the product.

      Beyond the manufacturer’s responsibility to ensure that their product is safe and accurately marketed/labeled, Health Canada also specifies guidelines for the legal responsibilities of retailers and others involved in product liability.

      Retailers, manufacturers, importers, and distributors are expected by the Industry Guide on Mandatory Reporting under the Canada Consumer Product Safety Act to report any incidents involving a defect or characteristic that has resulted in, or has a reasonable potential to result in, injury, death, or a significant adverse effect on a person’s health. All these parties are also obligated to report missing, incorrect, or inadequate instructions or labels.

      Manufacturers, sellers, and distributors have a duty to not distribute or sell you a product that is unsafe. If you or a loved one have been injured due to a dangerous or defective product, you may have a viable claim against a manufacturer, retailer, distributor, or other party, and you may be entitled to compensation.

      At Oatley Vigmond, we can help you assess your case and determine the best course of action.

      How much will I be compensated if my case is successful?

      As with most personal injury cases, the exact amount of compensation varies on a case by case basis. If you or a loved one have been injured by the use of a product, you may have a viable compensation claim for pecuniary losses – which refer to the financial costs of returning the victim to the state they were in before the injury occurred – and non-pecuniary losses – which refer to a loss of enjoyment in life.

      Possible compensation entitlements include:

      • Cost of medical or rehabilitation treatments;
      • Loss of earning capacity; and
      • Pain and suffering compensation.

      Why should I choose Oatley Vigmond to represent my product liability claim?

      Our legal team at Oatley Vigmond has been assisting Ontarians with product liability claims for over 40 years. With our range of resources, including highly qualified engineers, we test the product to determine if it was defective and whether or not that defect contributed to your accident. If so, we push for it to be removed from the marketplace while pursuing your claim so that you may be compensated for your injuries.

      But most importantly, at Oatley Vigmond, we believe in putting people first. Our approach prioritizes your immediate and ongoing needs, and we understand the mental and financial strain that an extended claim places on our clients. Throughout the duration of your case, our legal representatives and support staff will be devoted to you and your loved one’s physical, mental and financial well being – both inside and outside of court.

      To ensure our firm can help you or your loved one without ever burdening you with additional legal costs, and as a part of our commitment to our client’s comfort and satisfaction, we offer free consultations and do not collect service fees until your claim is successful.

      Consult a Lawyer for your Product Liability case – No Cost, No commitment

      Product liability cases can be a complicated issue, and you probably have lots of questions. Our personal injury lawyers will review your case for free, with no commitments.

      Call toll free at 1-888-662-2481 or visit our contact page to book a free consultation.