What are product liability claims?
What do you do when a product does not function as promised or, even worse, malfunctions to such an extent as to cause personal injury? You can hold the vendor, the manufacturer, and/or the distributor responsible for the defective or dangerous product by way of commencing a product liability claim.
Injuries caused by defective or dangerous products can arise in a number of ways. For example:
The manufacturer did not test the product for safety;
The manufacturer did not provide adequate warning for any potentially dangerous features; or
The design or manufacturing of the productive was defective.
Whether you were the consumer, an end user without any contract, or the owner of the product, if it was foreseeable that you could have been injured, the manufacturer or distributor could be held liable for injuries sustained as a result of the defective or dangerous product or as a result of the failure to provide instructions or warn of foreseeable harm. Recently, and particularly in the United States, questions have arisen over whether online retailers, such as Amazon, can be sued in product liability claims for potentially defective products sold on their websites. While this remains an unsettled area of law, it may have significant implications for future product liability claims in Canada.
Product liability claims are complex, in part because it involves ascertaining the product’s chain of distribution. This search can lead to the discovery multiple parties, including foreign corporations, some or all of whom may be responsible for the damages sustained. In Ontario, once you discover the damage or injury and the cause of it, you generally have two years to issue a claim. As a result, it is important to consult with a lawyer as soon as possible to discuss your claim.
At Singer Kwinter, we have decades of experience recovering compensation for people injured by defective or dangerous products. Contact us today for a free consultation.
