Product Liability Claim Investigations Restore Losses

by | Dec 8, 2016 | Product Liability

Product Liability Claim Investigations Restore Losses

In the month of August 2016, Health Canada’s Consumer Product Safety division issued 101 product recalls; that’s 23 consumers, 27 food and 15 health products as well as 36 vehicles. That’s in addition to the 30 alerts during the same month (27 food, 3 health products). Last August, consumers ate bacteria-laced oysters, drove motorcycles with faulty clutches and pushed their babies in defective strollers.

Consumers whose products are defective should fill out an online report with Health Canada. Consumers who have experienced damages from defective products should also call experienced product liability lawyers like those at Mackesy Smye. A product liability lawyer is a specialist who can guide you through the legal steps, which include filing the product liability claim, investigating the claim and the product and representing you in court.

Negligence is the most common liability claim. A manufacturer has been negligent if they have produced and sold products with errors and defects and improper design. If the manufacturer learns of these defects and does not warn consumers, that is negligence, as well.

What is the product liability claim process?
When you file a product liability claim, you, the plaintiff, must prove that the product you used was defective. That means, once you consult with a lawyer, your lawyer will determine the type of liability claim you have, conduct or outsource an investigation into the product, identify which parties are most likely responsible for the product’s defect and pursue your claim.

What do you do if you are injured by a product?
After you have sought first aid and dealt with the danger you must remember a few steps. Keep the item that injured you. Most people want to throw it out because they are annoyed with the product and do not want to look at it anymore. Resist the urge and put it aside as it will likely be important to your lawyer or any specialists. Hang on to any proof of purchase such a receipt or a credit card invoice.

Responsible parties
It is natural to look to the product’s manufacturer to resolve a liability claim. In reality, more entities are involved in a product’s creation. Your Mackesy Smye lawyer will review all parties to determine if suppliers, sellers, designers, component manufacturers and even packagers played a part in the product’s defects.

The investigation process
In cases of product liability, you, the plaintiff, must prove that the product is defective and that damages you sustained resulted from the defective product and not your own misuse. It is not necessary to have absolute proof of the defect and damages. Canadian law requires that the damages were caused by the product on a Balance of Probability. This means it has to be more likely than not or 50% likely that the product cause the injury.

It is import to speak to a lawyer quickly as they can initiate the investigative process before the evidences spoils. An experienced and specialized lawyer will have an extensive network of experts to assist in these investigations. These experts often include engineers, reconstructionists and other industry specific experts.

Seek legal advice to recover your damages
It’s not your fault that a defective product caused injuries and other damages and you’re certainly not alone. In 2015, Health Canada issued over 2,000 product recalls. Filing a consumer complaint with Health Canada is a start, but their efforts won’t bring back full health or reimburse you for your time, trouble and damages. That is why you need an expert product liability lawyers on your side. You can bet the product’s manufacturer has one, so you’ll need to put together the best liability claim to hold all responsible parties accountable and compensate you for your losses.

Click the blue button in the yellow box below to schedule a free consultation with one of the product liability lawyers at Mackesy Smye in Hamilton. We’ll give you our honest opinion about your options and develop a plan of action to represent you as you seek restitution.


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