In Canada, there is a standard of safety and quality that all consumer goods are expected to adhere to. But, even with strict guidelines and designations in place, there are a shocking number of injuries that take place each years as a result of defective and inferior products. Canadian law provides recourse for anyone injured by a consumer good as compensation for the mental trauma or physical injuries.
Defective Goods – Who is Responsible?
There is a lot of responsibility, when it comes to delivery safe goods to the consumer. This means it may be a manufacturer, distributor, or seller who may be liable, depending on the situation. All consumer goods are expected to be produced in a way that would fit the reasonable expectations of a buyer. If a product is defective in manufacture or design, or if there is a lack of information or warnings, the product will be deemed unfit. When it comes to personal injury lawsuits, there are three failures that will general lead to a finding of liability:
• Poor Design: The problem that causes a product to be dangerous to consumers may be the result of poor design, making it completely unsafe from its inception
• Defect in Manufacturing: Sometimes, the product may be designed properly, but the problem lies in the execution. Poor materials or methods may make the product unsafe for consumer use
• Defect in Packaging: As the world gains access to more global products, defects in packaging are becoming one of the more common bases for personal injury claims in consumer goods. These defects include lack of warnings, mislabeling, and poor instruction for use. In some cases, there may be problems with mislabeling something as a children’s product when it was intended only for adult use.
When it comes to personal injury, product defect liability cases are some of the most difficult to understand and pursue. Such cases that involve consumer goods almost always require the testimony of expert witnesses. The complication of multiple or dispersed liable parties is very complicated and may be difficult to understand, without the assistance of a legal professional.
It is best to have the guidance of an experienced personal injury lawyer in Waterloo to help you navigate your claim. If you, or someone you know, has faced an injury as the result of a product defect, contact us to find out how an injury lawyer can be of assistance and how much you might be entitled to. The compensation is usually based on the severity of the damage or injuries due to no fault of the victim, which makes them eligible for the awarded damages.