Let's say that after buying a new product — a shiny new car, that smart gadget, or a medical device — you later find out that it’s defective. Worse, you were injured while using this supposed-to-be reliable product.
In these cases, suing the company that sold you the defective product may cross your mind. But before doing so, it's essential to first talk to lawyers that sue companies for product liability.
Who are the lawyers that sue companies for product liability?
Lawyers that sue companies for product liability are legal professionals who can help you hold companies accountable for their defective products. Also called product liability lawyers for short, these lawyers specialize in the field of torts and damages and are often knowledgeable about the science behind the manufacturing of such products. In addition to their knowledge of court procedures, they can assist in building up your case against these companies.
Claims against product owners are rooted in their negligence in designing, creating, and marketing of their products. These claims can also be based on accusations of fraud and deceitful practices on the part of these companies. As such, the following may be the defendant when these types of cases are filed in court:
- companies that own the product
- manufacturers and assemblers
- marketing agencies
- distributors
- installers
- sellers and retailers
- importers
Aside from negligence and fraud, a claim for product liability can be based on expressed and implied warranties by the seller or the manufacturer of the product. These warranties are found either in the sale contract or even automatically set up by law to protect its buyers.
Watch this video for more information about product liability and Canadian laws about this legal area:
If you’re looking for lawyers that sue companies for product liability, here’s a directory of the Lexpert-ranked best product liability lawyers for litigation in Canada.
Canadian laws on product liability
While product liability laws are mainly sourced from the common law on torts and damages, there are also provincial statutes that deal with product liability. In addition, statutes on consumer protection may have provisions regarding product liability.
This is why consulting with a lawyer who sues companies for product liability must be your first step. This legal professional can help inform you about the laws or statutes that apply to your case.
Generally, a product is defective when it falls short of the safety that is reasonably expected of the product in question. A product is also defective when it’s unreasonably dangerous for its user, or their property, when used.
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poorly designed products: a product liability can arise in a product when there are flaws in its design, for which the product owners can be held liable
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errors during manufacturing: even if a product is designed to be safe for use, it can still become defective when there are errors or negligence in its manufacturing or assembly
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dangerous products: although dangerous products are not illegal per se, they can be a source of product liability when there’s not enough precautions in the label or instructions of use
What are the steps to sue a company for product liability?
If you think that you have a case against the company for your injury and you’re determined to sue them, then here are the steps that you may want to consider:
- Reach out to a lawyer who sue companies for product liability
- Collect evidence to establish the elements of product liability
- File the civil case in court
While this may not sound easy, your lawyer is there to assist you along the way, until the case is finally resolved. They can even help you when appealing an unfavourable decision that was rendered against you.
Elements of product liability
The most important part of suing a company for product liability is establishing its elements, such as:
- that the product was defective at the time that it was produced and/or sold
- that you suffered an injury and damages, which can either be physical or emotional
- that the defect in the product was the cause of your injury
As a plaintiff in a product liability case, you will have the burden of proving these elements by showing that you have admissible evidence to support each element.
Limitation periods for product liability cases
Another important reason why you need to consult with a lawyer when suing a company for product liability is that it must be filed before the limitation period runs out. This period is fixed by your provincial laws, which prevent you from filing a case after a certain period.
For personal injury cases, the limitation period is usually two years, counted from the day that the injury occurred. However, it may be different depending on the province or territory.
Settlement of personal injury claims
One feature of personal injury claims, including product liability cases, is that most of them are settled before a case is filed in court. To note, it’s risky to go into the negotiations process without a lawyer by your side. In other words, whether you want to file a case in court, or the defendant wants to settle the case, the services of a lawyer who sues companies for product liability is a must.
How can a product liability case be defended?
On the other hand, lawyers that sue companies for product liability may also work for manufacturers when defending claims against them. One of the most common defence against product liability is that the manufacturer or the product owner has exercised due diligence, as required by law, when designing and producing the product. Similarly, it must establish the diligence required by offering pieces of evidence to the court in its support.
As a plaintiff, you must also be prepared to rebut such defences when established by the other party. For this, it’s crucial to always be in consultation with your product liability lawyer.
Looking for lawyers that sue companies for product liability? Check out this directory of the best law firms for litigating product liability in Canada as ranked by Lexpert.