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Course of action in the case of product liability

22 Jul Posted in Family

Many more injuries are caused at present by defective products which turn out to be dangerous for the consumer. Product liability law has been specially designed in order to protect consumers from negligence and the manufacturer of the device is directly responsible for the defective good that the consumer has purchased. However, the consumer that sets his mind to sue and to recover damages needs to work close at hand with product liability lawyers Ottawa due to the fact that the law that governs this area of the law is slightly different from ordinary injury law and at times it can be difficult to know who to held responsible for the injury suffered.

What kind of product liability?

This is the specific are of the law that directly treats issues related to faulty manufacturing that ultimately leads to casualties. By product the law designates goods that represent the personal property of the consumer and that most of times present themselves with faulty design, but not only. Liability claims can also be based on manufacturing defects and non-marketing of the possible dangers. In order to be able to claim damages, you will have to prove in court that the defect detected in the merchandise has been present from the very beginning and that the manufacturer has used low quality materials in the process. In addition to this, there are cases when even if the manufacturing process is solid, the specific good does not meet consumer expectations in what concerns safety. Finally, marketing defects specifically refer to the fact that nonobvious dangers are not made known to the consumer in the form of user instructions and labelling.

What claims to make?

The difficulty lies in knowing precisely who was responsible for the negligence: the manufacturer, the retailer or the distributor. The fact that someone was negligent is obvious from the fact that the commodity presents a defect. The task of the plaintiff is to demonstrate in what way the defendant was negligent. If he is able to successfully invoke the doctrine “res ipsa loquitur”, which means that the thing speaks from itself, then he does not have to prove anything. In the course of this action, the plaintiff must bring proof to show the existence of a duty owed or a breach of warranty. On the other hand, the plaintiff can just stick to demonstrating strict liability, in other words that only the product was defective.

Who to hold accountable?

In a tort lawsuit, the plaintiff has to include all the parties involved in the chain of distribution. The manufacturer represents the first person in the distribution chain and can even be represented by a multinational company. People that have suffered casualties as the result of the explosion of a car should also sue the manufacturer of the whole part, not only the manufacturer of the defective part. The retailer has equal responsibility for the sale of faulty products, even if he is not the one who has manufactured them. What most people may not know is the fact that even in the scenario when the consumer is injured as the result of toxic cough syrup, he can still hold the company liable. Finally, any intermediaries such as distributors are accountable for having made available faulty products.

To conclude, it is best to discuss with your lawyer the right strategies and only he can advise you what to do and if you have a strong case.

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