Defective or dangerous products are the cause of thousands of injuries every year in Canada. The law provides protections for consumers and others who may be injured by dangerous or defective products, and defines who is responsible when injuries occur. 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.
If you or someone you know has experienced damages from defective products you should call Grenier Law. We will guide you through the legal steps, which include filing the product liability claim, investigating the claim and the product and representing you in court if necessary.
Contact Grenier Law today for a Free Consultation to assess your personal injury claim for defective products. We’ll give you our honest opinion about your options and develop a plan of action to represent you as you seek restitution.
Types of Product Defects
With any product liability claim, whether its negligence, strict liability, or breach of warranty, the plaintiff has the burden of proving both that the product was defective and the defective product directly caused an injury. The defect in the product must have made the product unreasonably safe. There are three main types of defects that can be present in a product:
Design Defects – Defects in the product design that were present before the product was manufactured, distributed or in use. In other words, the very design of the product is flawed and causes it to be unsafe for use.
Manufacturing Defects – These defects occur during the assembly process of the product.
Marketing Defects – These defects are flaws in the manner in which a product was marketed to the public. This includes improper or misleading product labeling, insufficient safety warnings, and inadequate or unclear instructions.
If you’ve been harmed in some way due to a defective product—including cases of food poisoning—preserving the tainted object, or the defective product is essential.