No one ever wants to buy “a lemon” - a product of such substandard quality or one that is so badly misrepresented that it might cost more to fix than it is worth. But if you buy or are given a defective product and sustain a serious injury when using it, it could end up costing you something much more important: your good health or even your life.
If a product’s defect makes it unreasonably dangerous to a user, and someone involved in the design, manufacture or distribution has been negligent in allowing the defective product to enter the marketplace and be used, they may be held liable for damages to a person or their property. Manufacturers, safety inspectors, certification agencies, distributors (importers, wholesalers and retailers), repair persons, installers and even product owners may be liable if their own negligent actions or inaction results in a defective product causing harm.
Defective product cases can be complex and challenging to pursue, but if you or a loved one has been seriously injured by a dangerous product it is always worth your time to consult an experienced products liability lawyer to determine if you have a viable claim. The defective product team at Gluckstein Personal Injury Lawyers is available for a no cost, no obligation initial consultation to help you understand your rights and options when you’ve been hurt.
Product standards and defects.
With so many types of products in the marketplace, the standards for a given product’s safety vary widely. Generally, the law defines a defective product as one that falls short of reasonable standards to the point where it is unreasonably dangerous to the user, consumer, or their property. In some cases, using a product may carry certain inherent risks or defined risks that have been specified by the manufacturer, safety agencies, distributors or owners. Injuries related to these risks, if properly understood by and communicated to the end user, would not generally result in liability. However, even when a product user knowingly and willingly assumes a level of risk by using a product, it does not mean any and all harm caused by the product is deemed acceptable by the law.
What type of product defects open a person or entity to liability?
There are three categories of product defects which may open a manufacturer or distributor to liability:
- design defects - flaws in the product (through negligent planning or testing) are introduced prior to manufacture. The product, as designed, is unreasonably dangerous to use regardless of subsequent steps to ensure quality control and proper education and information for users.
- manufacturing defects - a problem or mistake during the manufacturing process makes a properly designed product unreasonably dangerous. These errors could include faulty materials or contamination of the product, poor quality control, or negligence when packaging and shipping the product to users.
- marketing defects - a product that is designed and manufactured properly may still be unreasonably dangerous to use if, during its marketing or distribution, there was negligent labelling, a failure to warn of risks, or poor or absent instructions for safe use.
Even if a product is safely designed, manufactured, and marketed, it can become defective when distributed or while it is in the possession of a product owner. Negligent installation, repair or maintenance of a product can cause it to become defective. A failure to warn people who could foreseeably use a product of its risks or a failure to provide instruction of how to use it properly can also introduce liability.
How are product liability claims made?
In order for a product liability claim to be actionable under contract law or through tort law, certain qualifications must be present. For a claim through contract law, the plaintiff must prove they entered into the contract with the defendant and the enforceable terms of the contract or the product’s warranty were breached.
A prospective tort claim plaintiff must show:
- they were owed a duty of care by the defendant with respect to the product.
- the product, in its design, manufacture, marketing or use was defective or unreasonably dangerous.
- the product’s defect caused or contributed to harm and tangible damages to a person or their property.
- these damages were reasonably foreseeable.
Depending on who is named as the defendant, the prospective plaintiff must also prove the defect or flaw was either known by the defendant or the defendant’s negligent actions or inaction caused or contributed to the defect or flaw. The flaw also must be present at a time the defendant had responsibility for or control over the product.
Help for the injured.
If you or a loved one suffered an injury from a defective product, you may believe that someone is likely liable for the damages you sustained. But determining who that person or entity is may require some sleuthing. Gluckstein Personal Injury Lawyers’ defective products lawyers have the knowledge, skill and experience to investigate these incidents and determine if you have an actionable claim.
When you call a member of our team for a no obligation, initial free consultation, we will listen to your story with great empathy, explain your options, and offer to help in any way we can.
Once we take on a client’s case and become your legal representative, it’s because we are confident in our ability to vigorously pursue a claim for you with the goal of achieving a successful result. Moreover, we will only ever accept payment for our services if we negotiate a fair settlement for your claim or win an award for compensation and damages in court.
As your trusted advocates, Gluckstein Personal Injury Lawyers will ensure that you understand the legal services and process, are kept informed about the progress of your claim and are supported through our team’s commitment to full-circle care. Our renowned client liaisons - some of whom have experienced their own personal injury cases - can connect you with resources that may aid in your recovery and are available to check in with you as you begin your healing journey.
A reputation for results.
Consistently ranked by our peers in the legal sector as one of Canada’s top personal injury firms, Gluckstein Personal Injury Lawyers has developed a strong reputation for getting results for our clients. Known for our ability to take on even the most difficult and complex cases, other lawyers and firms often seek us out to take on or assist with these types of cases.
But our strong record in the courtroom and at the negotiating table is not the only reason our peers and past clients refer prospective clients and cases to us. By providing compassionate and caring service to people in need, and continuing to care about them long after their time in the legal system concludes, we show that we always see our clients as people first. You are not just another file or case number to our team. We treat our clients as we would treat our own family.
As someone who has experienced a serious injury, you deserve an advocate who will work tirelessly to get you compensation, while treating you with the dignity, kindness and attentive care that means so much at this low point in your life. Gluckstein Personal Injury Lawyers are driven by our passion to help our clients see better days ahead.
Suffering a personal injury after using a defective product can be a traumatic experience. At a time when you may be angry, confused, sad and worried about your future, you should know you are not alone. Choose Gluckstein Personal Injury Lawyers to be your trusted advocates and staunch supporters as you regain control of your life and take steps toward securing a brighter future. Together we work to access the compensation you need and deserve.
Tell us about your accident or injury. We can help.
At Gluckstein Personal Injury Lawyers, the initial meeting is free and without obligation on your part – and we never charge you legal fees until your claim is settled.